Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36591

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The Agency has determined that the

final rule is not a covered regulatory

action as defined in the Executive Order

because it is not economically

significant and is not a health or safety

risk-based determination. Today’s rule

effects an administrative change by

authorizing the State to implement its

hazardous waste program in lieu of the

Federal RCRA program for the non-trust

lands within the 1873 Survey Area

except over Indians and Indian

activities within the 1873 Survey Area.

As such, the final rule is not subject to

the requirements of Executive Order

13045.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501, et seq., Federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Pub. L. 104–

113, section 12(d) (15 U.S.C. 272),

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

standards.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act, as

amended, 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: June 24, 1998.

Chuck Clarke,

Regional Administrator.

[FR Doc. 98–17682 Filed 7–6–98; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 1, 2, 5, 15, 18, 21, 22,

24, 26, 73, 74, 78, 80, 87, 90, 95, 97, and

101

[ET Docket No. 97–94; FCC 98–58]

Streamlining the Equipment

Authorization Process

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission is amending

its rules to simplify the equipment

authorization processes, deregulate the

authorization requirements for certain

types of equipment, and begin

implementation of an electronic filing

system for equipment authorization

applications. These actions will greatly

reduce the complexity and burden of

the Commission’s equipment

authorization requirements so that

products can be introduced to the

market more rapidly. We believe these

actions will greatly benefit both large

and small manufacturers and encourage

the development of innovative products

that best meet consumers’ needs.

EFFECTIVE DATE: October 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Hugh L. Van Tuyl, (202) 418–7506 or

Julius P. Knapp, (202) 418–2468, Office

of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order, ET

Docket 97–94, FCC 98–58, adopted

April 2, 1998, and released April 16,

1998. The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington,

D.C., and also may be purchased from

the Commission’s duplication

contractor, International Transcription

Service, (202) 857–3800, 1231 20th

Street, N.W. Washington, D.C. 20036.

Summary of the Report and Order

1. On March 13, 1997, the

Commission adopted a Notice of

Proposed Rule Making (Notice) 62 FR

24383, May 5, 1997, in the above

captioned proceeding. The Notice

proposed to amend parts 2, 15, 18 and

other rule parts to: (1) simplify our

existing equipment authorization

processes; (2) deregulate the equipment

authorization requirements for certain

types of equipment; and (3) provide for

electronic filing of applications for

equipment authorization. The proposals

were designed to reduce the burden of

the equipment authorization program on

manufacturers.

2. We are adopting many of the

proposed changes to simplify the

authorization process and relax the

equipment authorization requirements

for certain devices, as well as making

the rule changes necessary to implement

an electronic filing system for

applications.

Simplification of Existing Equipment

Authorization Processes

3. There are currently five different

equipment authorization procedures

specified in Subpart J of Part 2 of the

Commission’s Rules. The following is a

brief description of each procedure:

Type acceptance calls for the

manufacturer or importer to submit a

written application for review and

approval by the Commission. The

application must include a complete

technical description of the product and

a test report showing compliance with

the technical requirements. The type

acceptance procedure has traditionally

been applied to radio transmitters that

are used in authorized radio services,

such as commercial and private mobile

radio services.

Certification is similar to type

acceptance. The manufacturer or

importer must submit a written

application that includes a technical

description of the product and a test

report showing compliance with the

Commission’s technical standards.

Certification has traditionally been used

for low power, unlicensed consumer

devices that operate under Parts 15 and

18 of the rules.

Notification requires submittal of a

written application, but no test report is

required unless specifically requested

by the Commission. Notification has

been used for a variety of products that

demonstrated a good record of

compliance, but the Commission found

it appropriate to maintain some degree

of oversight.

Declaration of Conformity (DoC) is a

relatively new self-approval procedure

that was established in connection with

the Commission’s deregulation of the

certification requirements for personal

computer equipment. The DoC

procedure calls for the manufacturer or

importer to test the equipment to

determine compliance with the FCC

standards. The laboratory performing
36592 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

the measurements must be accredited by

either the National Institute of

Standards and Technology (NIST) or the

American Association for Laboratory

Accreditation (A2LA). A copy of the

declaration of conformity, listing the

party responsible for compliance, must

be included in the literature furnished

with the product.

Verification is also a manufacturer

self-approval procedure, but unlike the

DoC procedure does not require use of

an accredited test laboratory and does

not require a declaration of compliance

to be supplied with the equipment.

Verification has been used primarily for

certain non-consumer devices operating

under parts 15 and 18 of the rules, such

as business computers and industrial

heating and welding equipment that use

radio frequency energy.

4. In order to reduce the complexity

of having so many authorization

procedures, we proposed to reduce the

number to three, which we believe to be

the minimum necessary for an effective

program. Specifically, we proposed to

eliminate the notification procedure,

and to combine the type acceptance

procedure with certification. We

proposed to retain the two selfauthorization procedures, verification

and declaration of conformity, although

we requested comments on the

possibility of combining them.

Elimination of the Notification

Procedure

5. The notification procedure requires

the filing of an application form with

the Commission, but it does not require

the submittal of any measurement

results. This procedure provides us with

a record of the equipment being

marketed, but we do not review any test

data to confirm the compliance of the

equipment. We are eliminating the

notification procedure. Equipment

currently under the notification

procedure will be placed in the less

stringent DoC or verification procedure.

Combining of Type Acceptance and

Certification

6. The current certification and type

acceptance procedures are very similar,

in that both require the filing of an

application form and technical report,

and the filing procedure is the same for

both. The primary difference is that

certain technical information filed with

the application is different. In light of

this, we believe that it is more efficient

to combine them into a single category.

We have found in our dealings with the

public, parties that are less familiar with

the equipment authorization program

frequently are confused by the multiple

authorization procedures currently

contained in the rules. Having a single

procedure for equipment that must be

authorized by the Commission will

make the rules more understandable

and thereby promote compliance.

Moreover, we note that the term

‘‘certification’’ is generally used

worldwide for a system requiring a

third-party product approval.

Accordingly, we are simplifying the

rules by combining the type acceptance

and certification procedures into a

single procedure called ‘‘certification’’.

Retention of Verification and

Declaration of Conformity as Separate

Processes

7. We believe there is merit to

retaining verification and DoC as

separate procedures. Verification is

clearly appropriate for equipment that

has an excellent record of compliance,

where the measurement methods are

well known and understood, and where

it is relatively easy to determine the

party responsible for compliance. The

Declaration of Conformity procedure

provides added safeguards that are

necessary to ensure compliance for

certain products that have a greater

potential for causing interference or

where issues about the proper

measurement method may arise.

Accordingly, we are making no changes

to the verification and DoC procedures.

Relaxation of the Equipment

Authorization Requirements for Certain

Devices

8. Section 302(a) of the Act states,

‘‘* * * governs the interference

potential of devices which in their

operation are capable of emitting radio

frequency energy * * *’’ Section 302(a)

of the Act is not intended to require a

Commission approval for every type of

radio frequency equipment before it can

be imported or marketed in the United

States. Rather, it gives the Commission

authority to make reasonable

regulations governing the interference

potential or radio frequency devices,

consistent with the public interest. We

note that the Notice did not propose to

change the technical standards

governing radio frequency devices; only

the methods of authorizing certain

devices.

Part 15 Devices

9. The current part 15 rules require

TV interface devices and certain

receivers to be authorized through the

certification procedure. Other receivers

and Cable System Terminal Devices

(CSTDs) are required to be authorized

through the notification procedure. The

Notice proposed to change the

authorization requirement for TV

interface devices and receivers, except

scanning receivers, to DoC. The Notice

also proposed to change the

authorization requirement for CSTDs

from notification to certification.

10. VCRs and many receivers are

widely deployed, mass-marketed

consumer devices. VCRs that do not

comply with the technical standards

have the potential for causing

interference to television reception,

because they generate a signal on

television frequencies. In addition, we

have occasionally found receivers on

the market that do not comply with the

rules. We note that both VCRs and

receivers require measurements of radio

emissions that require considerable

skill. For these reasons, we believe that

the authorization process for VCRs and

receivers should be relaxed to the DoC

procedure, rather than verification.

However, for the time being we will

continue to allow receivers that are

contained in a transceiver subject to

certification to be authorized under the

verification procedure. We will for now

also provide the option of obtaining a

grant of certification for VCRs and

receivers. Any laboratory accredited to

perform DoC testing of personal

computers and peripherals may perform

DoC testing of VCRs and receivers, since

the ANSI C63.4–1992 measurement

procedure is used for testing all of these

devices. We note that there are already

many laboratories accredited to perform

such testing.

11. The Notice proposed to tighten the

authorization requirement for CSTDs

from notification to certification. We

proposed that action in recognition of

the fact that there is a large market for

‘‘pirate’’ cable boxes, which allow the

viewing of scrambled cable channels

without payment to the cable provider.

12. While we recognize that cable

signal theft is a serious concern, upon

review we believe that attempts to

address this problem through our

equipment authorization program

would likely create substantial

administrative burdens and delays in

the availability of cable system terminal

devices. We believe that our proper

focus with regard to CSTDs should be

on compliance with our radio emissions

standards. Accordingly, we are relaxing

the equipment authorization

requirement for CSTDs to the DoC

procedure, consistent with the

requirements for receivers and VCRs.

Part 18 Devices

13. Part 18 consumer ISM equipment

has had a reasonably good record of

compliance with the FCC requirements.

However, these devices could easily

cause interference if they did not
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36593

conform with our standards because

significant radio energy can be radiated

into the airwaves. We also note that the

measurement of radio emissions from

these products requires considerable

skill. We believe that relaxing the

authorization requirement to the DoC

procedure is appropriate, because it

relieves manufacturers of the burden of

obtaining an approval, but still provides

a degree of certainty that the equipment

will comply with the standards. We

will, for now, allow the option of

obtaining certification. We recognize

that there are currently no laboratories

accredited specifically for part 18

testing, but we are working with the

appropriate organizations to establish

such accreditation provisions. We note

that there are certain similarities

between part 15 and part 18 compliance

testing. Therefore, until such time as an

accreditation procedure is established

for part 18 testing, we will accept

measurement results from a laboratory

accredited for part 15 testing for the

purpose of a part 18 DoC.

14. We believe that a compliance

statement and a label are necessary to

allow identification of equipment that

has been tested for compliance, and for

identification of the responsible party.

Accordingly, we are adopting a

requirement for a short compliance

statement and simple label on the

device. We will require part 18

equipment authorized under the DoC

procedure to be labelled with the FCC

logo, as we currently require for part 15

equipment authorized under the DoC

procedure. The FCC logo was selected to

be a recognizable indicator that the

device complies with the FCC

standards, similar to the use of the ‘‘UL’’

logo to show compliance with

Underwriters Laboratory standards, or

the ‘‘CE’’ logo to indicate compliance

with European standards. We decline to

change the requirements contained in

§ 18.213 since they serve a useful

purpose in informing users of the

interference potential of the device and

any maintenance that may be required

for continued compliance with the

rules. Finally, we are taking this

opportunity to remove the provisions of

§ 18.205 requiring the filing of a

description of the measurement facility

used for testing part 18 equipment. This

is merely an editorial change, because

§ 2.948 already requires the same

information.

Licensed Transmitters

15. We proposed to change the

authorization procedure from

notification to either verification or DoC

for transmitters operating in licensed

services as listed:

• Wildlife tracking and ocean buoys

operating under part 5.

• Part 101 point-to-point microwave

transmitters.

• Part 73 AM transmitters, FM

transmitters, television transmitters, and

antenna phase monitors.

• Part 74 Auxiliary Broadcast aural

STLs, aural intercity relays, aural STL

boosters, aural intercity relay boosters,

TV STLs, TV intercity relays, TV

translator relays and TV microwave

boosters.

• Part 78 Cable Television Relay fixed

transmitters.

• Part 80 INMARSAT equipment.

• Part 87 406 MHz emergency locator

transmitters.

16. We continue to believe that the

authorization requirements for these

transmitters may be relaxed, due to the

excellent record of compliance

compiled thus far. While we initially

proposed DoC for certain parts 74, 78

and 101 transmitters in the Notice, we

now believe that verification would be

more appropriate. These transmitters are

operated under the terms of a license.

Therefore, we can locate and contact a

licensee to resolve any interference

problems that may develop. In addition,

there is currently no laboratory

accreditation program for laboratories

testing parts 74, 78 and 101 transmitters.

Therefore, we are eliminating the

notification requirement for all

transmitters on the list delineated

above, including those under parts 74,

78 and 101, and replacing it with a

verification requirement. We will

continue to monitor the compliance of

this equipment, and may revisit our

decision to eliminate the authorization

requirements if significant compliance

problems develop.

Authorization Changes for Other

Devices

17. We requested comments on

whether there are other devices not

covered above for which the

authorization requirements could be

relaxed. Motorola requested that we

move Family Radio Service transmitters

operating under part 95 from

certification to DoC, because the

equipment is low powered and is based

on established designs. The Family

Radio Service is a relatively new

service, established only in 1996. See

Amendment of Part 95 of the

Commission’s Rules to Establish a Very

Short Distance Two-way Voice Radio

Service in WT 95–102, 11 FCC Rcd

12977 (1996), 61 FR 28768, June 6,

1996. We do not feel that there has been

sufficient time to demonstrate a history

of compliance which would warrant

relaxing the authorization requirements

for the equipment used in the service.

Accordingly, we decline to place Family

Radio Service transmitters under DoC at

this time.

18. Ericsson requested that part 22

and part 90 analog base stations be

subject to verification, and that part 22

and part 90 analog mobile equipment be

subject to DoC since the test procedures

are widely known and the equipment

has an excellent record of compliance.

We have concerns about deregulating

the equipment authorization

requirements for part 22 and part 90

transmitters due to the need to ensure

compliance with recent changes to the

technical rules. Also, certain parts 22

and 90 mobile and portable transmitters

are subject to recently adopted

requirements for routine evaluation for

RF exposure. We therefore do not

believe that verification is appropriate

for the base stations, nor do we believe

DoC is appropriate for the mobile

stations. However, we will monitor the

situation and, if appropriate, will

consider relaxing the equipment

authorization requirements for the

aforementioned equipment in the

future.

19. We have concerns about keyless

entry transmitters used on automobiles.

They are widely deployed, and therefore

have a high potential for causing

interference if they do not comply with

the technical standards. While we do

not believe it is appropriate to relax the

authorization requirements for keyless

entry and passive antitheft devices at

this time, we will reevaluate this finding

in the future.

Electronic Filing

20. The Notice proposed that the

Commission adopt an electronic filing

system for equipment authorization

applications. We believe that the

implementation of an electronic filing

system will significantly reduce the

processing time of equipment

authorization applications. Such a

system will eliminate the delays

associated with filing applications in

Pittsburgh, transporting them to the FCC

Laboratory and manually logging them

in. Also, an electronic system will allow

parallel processing of applications, so

the administrative and technical

reviews can be done simultaneously,

thus further reducing the processing

time.

21. The Commission has hired a

contractor to do the programming of the

electronic filing system. Testing of the

system began in March, 1998, and we

expect that it will soon be fully

operational. See Public Notice, ‘‘OET

Prototype Electronic Form 731’’,

released February 27, 1998.
36594 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et.

seq., has been amended by the Contract With

America Advancement Act of 1996, Public Law No.

104–121, 110 Stat 847 (1996) (CWAAA). Title II of

the CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1966 (SBREFA).

2See 5 U.S.C. 604.

22. We will require all equipment

authorization applications to be filed

electronically one year after the effective

date of these rules. Prior to that date, we

will accept both paper and

electronically filed applications while

manufacturers become familiar with the

new system. We will be amenable to

consideration of waiver requests from

small businesses that find it a hardship

to file applications electronically. We

are adding a new paragraph to Section

2.911 indicating that the electronic

equivalent of a signature will be

accepted in electronically filed

applications.

Filing Fees

23. The filing fees for equipment are

set at a level based upon the amount of

time that is necessary to review

applications. Applications for

certification of equipment under parts

15 and 18 often require greater review

time in comparison to applications for

equipment under other rule parts.

Consequently, there is a higher fee for

those applications. We see no reason to

change the current fee of $450 for

transmitters used in licensed services.

Accordingly, we will set the filing fees

as proposed in the Notice.

Radio Equipment List

24. The Notice proposed to eliminate

the Radio Equipment List, since the

information in the list is available

through other sources. Information on

transmitters that have been approved is

available electronically from the FCC

Internet site and the Public Access Link

(PAL) system. In addition, inquiries can

be made by telephone to the ‘‘status

desk’’ at the Commission’s Laboratory.

The Commission also releases monthly

Public Notices announcing the grants of

applications. Because this information

is available from various sources, we do

not see a need to continue the Radio

Equipment List. We disagree that

elimination of the list will make it more

difficult to locate the manufacturer of

equipment which has caused

interference, since the information is

readily available. We are not making

any changes to Section 101.103(d)(2)(ii)

of the rules.

Submission of Samples

25. Parties marketing equipment are

required to supply a sample to the

Commission for testing within 60 days

of a request by the Commission.

However, in cases involving harmful

interference or safety of life, a sample

must be supplied within 14 days. We

believe that 60 days, or even 30 days, is

more time than necessary for supplying

a sample in most cases, and could

therefore result in noncompliant

equipment remaining on the market for

a longer period of time. Accordingly, we

are adopting a 14 day time limit for

supplying test samples to the

Commission as proposed in the Notice.

We recognize that 14 days may not be

sufficient in some cases when there are

difficulties in supplying a sample. We

will continue to consider extensions of

time upon submission of a showing of

good cause in those cases, as the rules

currently allow. We decline to establish

a procedure for vouchers or

reimbursement of sample purchase costs

at this time, due to the complexities

involved.

Transfers of Control

26. The Notice proposed to clarify the

rules that apply to corporate mergers,

buyouts and acquisitions involving

grantees of equipment authorization. We

proposed to combine Sections 2.929,

2.934 and 2.935 of the rules to clarify

when an equipment authorization may

be assigned or transferred to another

party, and when new applications must

be filed.

27. Prior to 1989, the Commission’s

rules required the filing of a new

application whenever a change was

made to the trade name under which

equipment is marketed. In 1989, the

Commission eliminated that

requirement. However, it appears that

Section 2.929 was inadvertently not

updated at that time to reflect that

change. We are adopting the revised

rule on transfers and assignments

proposed in the Notice, but we are

eliminating the reference to filing a new

application for name changes.

Transition Provisions

28. The changes adopted here

simplify and streamline the equipment

authorization procedures. Since they are

deregulatory in nature, only a short

transition period is necessary.

Accordingly, we are making the rules

effective October 5, 1998. However, in

order to allow manufacturers to obtain

the maximum benefit from the changes,

equipment may be authorized under the

relaxed procedures (i.e.—Declaration of

Conformity or verification) effective

September 8, 1998.

29. Accordingly, It Is Ordered that

parts 0, 1, 2, 5, 15, 18, 21, 22, 24, 26,

73, 74, 78, 80, 87, 90, 95, 97 and 101 of

the Commission’s Rules and Regulations

Are Amended, as specified in the Rule

Changes attachment and are effective

October 5, 1998. This action is taken

pursuant to sections 4(i), 301, 302,

303(e), 303(f), 303(r), 304 and 307 of the

Communications Act of 1934, as

amended, 47 U.S.C. Sections 154(i), 301,

302, 303(e), 303(f), 303(r), 304 and 307.

Final Regulatory Flexibility Analysis

30. As required by the Regulatory

Flexibility Act (‘‘RFA’’),1 an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) was incorporated in

‘‘Amendment of Parts 2, 15, 18 and

Other Parts of the Commission’s Rules

to Simplify and Streamline the

Equipment Authorization Process for

Radio Frequency Equipment’’, Notice of

Proposed Rule Making (‘‘Notice’’), in ET

Docket No. 97–94, 62 FR 24383, May 5,

1997. The Commission sought written

public comment on the proposals in the

Notice, including comment on the IRFA.

The Commission’s Final Regulatory

Flexibility Analysis (‘‘FRFA’’) in this

Report and Order conforms to the RFA.2

31. Need For and Objective of the

Rules.

The Commission is amending parts 2,

15, 18 and other parts of its rules to

simplify the equipment authorization

processes, deregulate the equipment

authorization requirements for certain

types of equipment, and begin

implementation of an electronic filing

system for equipment authorization

applications. These actions will greatly

reduce the complexity and burden of

the Commission’s equipment

authorization requirements. They will

also improve the efficiency of the

equipment authorization process so that

products can be introduced to the

market more rapidly. They will reduce

the number of applications required to

be filed with the Commission annually

from about 3500 to approximately 1800,

significantly reducing paperwork

requirements on manufacturers. We

expect that this action will result in

savings of at least $100 million to

manufacturers of the products covered

by the changes. The provision for

electronic filing of applications should

significantly reduce the current

applications time. We believe these

actions will greatly benefit both large

and small manufacturers and encourage

the development of innovative products

that best meet consumer’s needs.

32. Summary of Significant Issues

Raised by Public Comments in Response

to the IRFA.

In the IRFA we stated that proposals

in this proceeding would result in a

significant decrease in equipment

authorization applications that must be
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36595

3 5 U.S.C. 601(6).

4 5 U.S.C. 601(3) (incorporating by reference the

definition of ‘‘small business concern’’ in 5 U.S.C.

632).

5 15 U.S.C. 632.

6See 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 3663.

7See U.S. Department of Commerce, 1992 Census

of Transportation, Communications and Utilities

(issued May 1995), SIC category 3663.

filed with the Commission. We believe

that small entities will benefit from

these proposals because in many cases

they will no longer be required to file

applications with the Commission.

Also, small entities will benefit from the

simpler regulations and streamlined

process for equipment that continues to

require authorization by the FCC. We

solicited comments regarding these

conclusions. No comments were

submitted directly in response to the

IRFA.

33. Description and Estimate of the

Number of Small Entities to Which the

Rules Will Apply.

The RFA generally defines small

entity as having the same meaning as

the terms ‘‘small business’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdictions.’’ 3 In addition, the term

‘‘small business’’ is the same meaning as

the term ‘‘small business concern’’

under the Small Business Act (‘‘SBA’’),

15 U.S.C. 632, unless the Commission

has developed one or more definitions

that are appropriate to its activities.4

Under the SBA, a ‘‘small business

concern’’ is one that (1) is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) meets any individual criteria

established by the Small Business

Administration (SBA).5

34. The Commission has not

developed a definition of small entities

applicable to RF Equipment

manufacturers. Therefore, the applicable

definition of small entity is the

definition under the SBA rules

applicable to manufacturers of ‘‘Radio

and Television Broadcasting and

Communications Equipment.’’

According to the SBA’s regulation, an

RF manufacturer must have 750 or

fewer employees in order to qualify as

a small business.6 Census Bureau data

indicates that there are 858 companies

in the United States that manufacture

radio and television broadcasting and

communications equipment, and that

778 of these firms have fewer than 750

employees and would classified as

small entities.7 We believe that many of

the companies that manufacture RF

equipment may qualify as small entities.

35. Description of Projected

Reporting, Recordkeeping and Other

Compliance Requirements.

There are currently five different

equipment authorization procedures.

They are type acceptance, certification,

notification, verification and

Declaration of Conformity (DoC). We are

proposing to eliminate the notification

procedure, and to combine the type

acceptance procedure with the

certification procedure. Equipment

currently under the notification

procedure will be placed in the less

stringent DoC or verification procedure,

as appropriate. Both verification and

DoC are self-authorization procedures,

which allow equipment to be marketed

without approval from the FCC once it

has been tested and found to comply

with the FCC rules. However, the DoC

procedure has an additional

requirement to test the equipment at an

accredited laboratory, which provides a

higher degree of confidence that a

device will be measured correctly. It

also has additional requirements for

labelling and information supplied with

the product, which allows the

Commission to more easily locate the

manufacturer in the event the

equipment causes interference.

36. Applications for equipment

authorization will be required to be filed

electronically one year after the effective

date of the rules. The equipment

required to file will typically consist of

a personal computer with an internet

connection, a document scanner, a

digital camera and software to convert

data to the proper format. The

equipment is readily available, or

applicants can contract with others

(e.g.—equipment testing laboratories)

who have the equipment.

37. Steps Taken to Minimize

Significant Economic Impact on Small

Entities, and Significant Alternatives

Considered.

Simplification of Equipment

Authorization Categories

38. The Commission requested

comments on its proposal to eliminate

the notification category of equipment

authorization, and to combine the type

acceptance with the certification

category of authorization. It also

requested comments on whether to

combine the DoC and verification

procedures.

39. There was no opposition to

eliminating the notification procedure,

but the Commission received comments

concerning combining type acceptance

with certification. Motorola stated that

the change could be a source of

confusion, and Rockwell had concerns

that the structure of the proposed rules

could be improved. The Commission

believes that having three different

authorization procedures for equipment

requiring approval is an even greater

source of confusion than the proposal,

particularly for small entities which

may not be familiar with the rules.

Accordingly, the Commission is

eliminating the notification procedure,

and combining type acceptance and

certification into a single procedure

called ‘‘certification’’ for equipment

requiring an approval. The structure of

the proposed rules is being modified as

recommended by Rockwell to make

them simpler for both large and small

entities to understand.

40. The comments did not support

combining the DoC and verification

procedures. The DoC procedure is

relatively new, and the Commission has

expended resources educating small

entities about it, so making changes to

it at this point would cause confusion.

Also, since there is a need to maintain

a higher degree of confidence that

certain equipment complies with

standards to reduce the potential for

causing harmful interference, the

Commission believes it is necessary to

keep the DoC procedure separate from

the verification procedure.

Deregulation of Equipment

Authorization Requirements

41. The Commission proposed to

relax the authorization requirement for

equipment operating under various

parts of the rules. The comments

generally supported relaxing the

requirements, and several parties

supported even further relaxation than

the Commission proposed. Rockwell

requested that we place most part 15

receivers under verification, and CEMA

requested that we place VCRs under

verification. Ford recommended that we

move certain Part 15 low power

transmitters to DoC and Motorola

recommended that we move part 95

Family Radio Service transmitters to

DoC. Finally, Ericsson requested that

certain parts 22 and 90 transmitters be

moved to DoC or verification.

42. The further relaxation in the

authorization requirements proposed in

the comments would reduce the burden

on small entities manufacturing those

devices. However, in relaxing the

authorization requirements for

equipment, the Commission must also

consider whether there is an increased

likelihood of harmful interference being

caused. The Commission has carefully

considered the requests made in the

comments, and is concerned that

relaxing the authorization requirement

for these devices beyond what was

proposed would result in too great a risk

of interference to communication

services. The authorization

requirements selected by the
36596 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

Commission for each type of equipment

are believed to be the least burdensome

necessary to minimize the risk of

interference, and will therefore have the

least impact on small entities.

Electronic Filing

43. The Commission proposed to

implement an electronic filing system

for equipment authorization

applications. It also solicited comments

on whether the system should be

mandatory or whether paper

applications should continue to be

accepted. The comments supported

developing an electronic filing system,

but some parties expressed concern

about whether the Commission would

mandate electronic filing, which could

be burdensome for some entities.

44. The Commission believes that the

implementation of an electronic filing

system will significantly reduce the

processing time of equipment

authorization applications. Such a

system would eliminate the delays

associated with filing applications in

Pittsburgh, transporting them to the

Commission’s Laboratory and manually

logging them in. It would also allow

parallel processing of applications, so

the administrative and technical

reviews can be done simultaneously,

thus further reducing the processing

time. Such a system will benefit small

entities by reducing the costs caused by

delays in marketing new equipment. We

have decided to make the system

mandatory, since the equipment

required to electronically file

applications is readily available.

However, we will continue to accept

paper applications for a period of one

year to minimize the impact on small

entities.

45. Report to Congress. The

Commission shall send a copy of this

Final Regulatory Flexibility Analysis,

along with this First Report and Order,

in a report to Congress pursuant to the

Small Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C.

801(a)(1)(A), and the Chief Counsel for

Advocacy of the Small Business

Administration.

List of Subjects

47 CFR Part 0

Reporting and recordkeeping

requirements.

47 CFR Parts 1 and 2

Radio, Reporting and recordkeeping

requirements.

47 CFR Part 5

Radio.

47 CFR Part 15

Communications equipment.

47 CFR Part 18

Business and industry, Scientific

equipment.

47 CFR Parts 21, 22, and 24

Communications equipment, Radio.

47 CFR Part 26

Radio.

47 CFR Parts 73, 74, 78, 80, 87, 90, 95,

97, and 101

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Rules Changes

For the reasons discussed in the

preamble Parts 0, 1, 2, 5, 15, 18, 21, 22,

24, 26, 73, 74, 78, 80, 87, 90, 95, 97 and

101 of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

§ 0.31 [Amended]

2. Section 0.31, paragraph (j) is

amended by removing the term ‘‘type

approval and acceptance, and

certification’’ and adding in its place

‘‘approval’’.

§ 0.401 [Amended]

3. Section 0.401, paragraph (a)(2) is

amended by revising the second

sentence to read ‘‘The mailing address

is: Federal Communications

Commission, Equipment Authorization

Division, 7435 Oakland Mills Road,

Columbia, MD 21046’’.

§ 0.406 [Amended]

4. Section 0.406, paragraph (b)(3) is

amended by removing the term ‘‘type

acceptance and type approval’’ and

adding in its place ‘‘authorization’’.

§ 0.433 [Removed]

5. Section 0.433 is removed.

§ 0.453 [Amended]

6. Section 0.453, paragraph (k) is

amended by removing the term ‘‘(Type

accepted, type approved, certified and

notified)’’.

§ 0.455 [Amended]

7. Section 0.455, paragraph (e)(3) is

amended by removing the term ‘‘(type

accepted, type approval, certification, or

advance approval of subscription

television systems)’’.

§ 0.457 [Amended]

8. Section 0.457, paragraph (d)(1)(ii) is

amended by removing the term ‘‘(type

acceptance, type approval, certification,

or advance approval of subscription

television systems)’’.

PART 1—PRACTICE AND

PROCEDURE

9. The authority citation for part 1

continues to read as follows:

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.

151, 154(i), 154(j), 155, 225, and 303(r).

§ 1.77 [Amended]

10. Section 1.77, paragraph (g) is

amended by removing the term ‘‘type

approval and type acceptance’’ and

adding in its place ‘‘certification’’, and

removing the reference to ‘‘subpart F’’

and adding in its place ‘‘subpart J’’.

11. Section 1.1103 is revised to read

as follows:

§ 1.1103 Schedule of charges for

equipment authorization, experimental

radio services, ship inspections and

international telecommunications

settlements.

Action FCC form No. Fee amount Payment type

code Address

1. Certification:

a. Receivers (except TV and

FM).

731 ................... 350 EEC Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

b. Devices under Parts 11, 15

and 18 (except receivers).

731 ................... 895 EGC Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

c. All other devices ................. 731 ................... 450 EFT Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36597

Action FCC form No. Fee amount Payment type

code Address

d. Modifications and Class II

Permissive Changes.

731 ................... 45 EAC Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

e. Request for Confidentiality 731 or 159 &

Corres.

130 EBC Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

2. Advance Approval for Subscription TV System.159 & Corres .... 2,740 EIS Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

a. Request for Confidentiality 159 & Corres .... 130 EBS Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

3. Assignment of Applicant Code:

a. New applicants for all application types except Subscription TV.159 & Corres .... 45 EAG Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA

15251–5315.

4. Experimental Radio Service:

a. New Station Authorization .. 442 ................... 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

b. Modification of Authorization.442 ................... 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

c. Renewal of Station Authorization.405 ................... 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

d. Assignment or Transfer of

Control.

702 or 703 ........ 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

e. Special Temporary Authority.159 & Corres .... 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

f. Additional fee required for

any of the above applications that request confidentiality.

159 & Corres .... 45 EAE Federal Communications Commission, Equipment Approval Services, P.O. Box 358320, Pittsburgh, PA

15251–5320.

5. Ship Inspections:

a. Passenger Vessel Under

Title III, Part III.

801 ................... 390 FCS Federal Communications Commission, P.O. Box 358110,

Pittsburgh, PA 15251–5110.

b. Oceangoing Vessel Under

Title III, Part II.

801 ................... 755 FFS Federal Communications Commission, P.O. Box 358110,

Pittsburgh, PA 15251–5110.

c. Vessels Under the Great

Lakes Agreement.

801 ................... 110 FDS Federal Communications Commission, P.O. Box 358110,

Pittsburgh, PA 15251–5110.

d. Vessels Under the Safety

of Life at Sea (SOLAS)

Convention.

801 ................... 660 FES Federal Communications Commission, P.O. Box 358110,

Pittsburgh, PA 15251–5110.

e. Temporary Waiver of Inspection.159 & Corres .... 75 FBS Federal Communications Commission, P.O. Box 358110,

Pittsburgh, PA 15251–5110.

6. International Telecommunications Settlements Administrative Fee for Collections (per line

item).

99 ..................... 2 IAT Licensees will be billed.

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

12. The authority citation for part 2

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 307,

and 336, unless otherwise noted.

13. Section 2.803, paragraph (a)(1) is

revised to read as follows:

§ 2.803 Marketing of radio frequency

devices prior to equipment authorization.

(a) * * *

(1) In the case of a device subject to

certification, such device has been

authorized by the Commission in

accordance with the rules in this

chapter and is properly identified and

labelled as required by § 2.925 and other

relevant sections in this chapter; or

* * * * *

§ 2.901 [Amended]

14. Section 2.901, paragraph (a) is

amended by removing the term ‘‘type

acceptance, certification, registration or

notification’’ and adding in its place

‘‘certification or registration’’. Paragraph

(b) is amended by removing the term

‘‘type acceptance, certification or

notification’’ and adding in its place

‘‘certification’’.

§ 2.904 [Removed]

15. Section 2.904 is removed.

§ 2.905 [Removed]

16. Section 2.905 is removed.

17. Section 2.907, paragraph (a) is

revised to read as follows:

§ 2.907 Certification.

(a) Certification is an equipment

authorization issued by the

Commission, based on representations
36598 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

and test data submitted by the

applicant.

* * * * *

18. Section 2.911 is amended by

adding a new paragraph (g) to read as

follows:

§ 2.911 Written application required.

* * * * *

(g) ‘‘Signed,’’ as used in this section,

means an original handwritten

signature; however, the Office of

Engineering and Technology may allow

signature by any symbol executed or

adopted by the applicant with the intent

that such symbol be a signature,

including symbols formed by computergenerated electronic impulses.

19. Section 2.913 is amended by

revising paragraph (b) and adding a new

paragraph (c) as follows:

§ 2.913 Submittal of equipment

authorization application or information to

the Commission.

* * * * *

(b) Any information or equipment

samples requested by the Commission

pursuant to the provisions of subpart J

of this part shall, unless otherwise

directed, be submitted to the Federal

Communications Commission,

Equipment Authorization Division,

7435 Oakland Mills Road, Columbia,

Maryland 21046.

(c) Effective October 5, 1999, all

applications for equipment

authorization must be filed

electronically. The Commission will be

amenable to consideration of waiver

requests from small businesses that find

it a hardship to file applications

electronically. Information on the

procedures for electronically filing

equipment authorization applications

can be obtained from the address in

paragraph (b) of this section.

20. Section 2.915, paragraphs (a)

introductory text and (c) are revised to

read as follows:

§ 2.915 Grant of application.

(a) The Commission will grant an

application for certification if it finds

from an examination of the application

and supporting data, or other matter

which it may officially notice, that:

* * * * *

(c) Certification shall not attach to any

equipment, nor shall any equipment

authorization be deemed effective, until

the application has been granted.

§ 2.924 [Amended]

21. Section 2.924 is amended by

revising the second sentence to read as

follows:

* * * * *

A device will be considered to be

electrically identical if no changes are

made to the device authorized by the

Commission, or if the changes made to

the device would be treated as class I

permissive changes within the scope of

§ 2.1043(b)(1).

* * * * *

22. Section 2.929 is revised to read as

follows:

§ 2.929 Changes in name, address,

ownership or control of grantee.

(a) An equipment authorization

issued by the Commission may not be

assigned, exchanged or in any other way

transferred to a second party, except as

provided in this section.

(b) The grantee of an equipment

authorization may license or otherwise

authorize a second party to manufacture

the equipment covered by the grant of

the equipment authorization provided:

(1) The equipment manufactured by

such second party bears the FCC

Identifier as is set out in the grant of the

equipment authorization.

Note to paragraph (b)(1): Any change in

the FCC Identifier desired as a result of such

production or marketing agreement will

require the filing of a new application for an

equipment authorization as specified in

§ 2.933.

(2) The grantee of the equipment

authorization shall continue to be

responsible to the Commission for the

equipment produced pursuant to such

an agreement.

(c) Whenever there is a change in the

name and/or address of the grantee of an

equipment authorization, written notice

of such change(s) shall be submitted to

the Commission within 30 days after the

grantee starts using the new name and/

or address.

(d) In the case of transactions affecting

the grantee, such as a transfer of control

or sale to another company, mergers, or

transfer of manufacturing rights, notice

must be given to the Commission in

writing within 60 days after the

consummation of the transaction.

Depending on the circumstances in each

case, the Commission may require new

applications for equipment

authorization. In reaching a decision the

Commission will consider whether the

acquiring party can adequately ensure

and accept responsibility for continued

compliance with the regulations. In

general, new applications for each

device will not be required. A single

application for equipment authorization

may be filed covering all the affected

equipment.

23. Section 2.931 is revised to read as

follows:

§ 2.931 Responsibility of the grantee.

In accepting a grant of an equipment

authorization, the grantee warrants that

each unit of equipment marketed under

such grant and bearing the identification

specified in the grant will conform to

the unit that was measured and that the

data (design and rated operational

characteristics) filed with the

application for certification continues to

be representative of the equipment

being produced under such grant within

the variation that can be expected due

to quantity production and testing on a

statistical basis.

24. Section 2.932 is revised to read as

follows:

§ 2.932 Modification of equipment.

(a) A new application for an

equipment authorization shall be filed

whenever there is a change in the

design, circuitry or construction of an

equipment or device for which an

equipment authorization has been

issued, except as provided in

paragraphs (b) through (d) of this

section.

(b) Permissive changes may be made

in certificated equipment, and

equipment that was authorized under

the former type acceptance procedure,

pursuant to § 2.1043.

(c) Permissive changes may be made

in equipment that was authorized under

the former notification procedure

without submittal of information to the

Commission, unless the equipment is

currently subject to authorization under

the certification procedure. However,

the grantee shall submit information

documenting continued compliance

with the pertinent requirements upon

request.

(d) All requests for permissive

changes submitted to the Commission

must be accompanied by the anti-drug

abuse certification required under

§ 1.2002 of this chapter.

25. Section 2.933 is revised to read as

follows:

§ 2.933 Change in identification of

equipment.

(a) A new application for equipment

authorization shall be filed whenever

there is a change in the FCC Identifier

for the equipment with or without a

change in design, circuitry or

construction. However, a change in the

model/type number or trade name

performed in accordance with the

provisions in § 2.924 of this chapter is

not considered to be a change in

identification and does not require

additional authorization from the

Commission.

(b) An application filed pursuant to

paragraph (a) of this section where no

change in design, circuitry or

construction is involved, need not be

accompanied by a resubmission of
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36599

equipment or measurement or test data

customarily required with a new

application, unless specifically

requested by the Commission. In lieu

thereof, the applicant shall attach a

statement setting out:

(1) The original identification used on

the equipment prior to the change in

identification.

(2) The date of the original grant of

the equipment authorization.

(3) How the equipment bearing the

modified identification differs from the

original equipment.

(4) Whether the original test results

continue to be representative of and

applicable to the equipment bearing the

changed identification.

(5) The photographs required by

§ 2.1033(b)(7) or § 2.1033(c)(12) showing

the exterior appearance of the

equipment, including the operating

controls available to the user and the

identification label. Photographs of the

construction, the component placement

on the chassis, and the chassis assembly

are not required to be submitted unless

specifically requested by the

Commission.

(c) If the change in the FCC Identifier

also involves a change in design or

circuitry which falls outside the

purview of a permissive change

described in § 2.1043, a complete

application shall be filed pursuant to

§ 2.911.

§ 2.934 [Removed]

26. Section 2.934 is removed.

§ 2.935 [Removed]

27. Section 2.935 is removed.

28. Section 2.938 is amended by

revising paragraph (c) to read as follows:

§ 2.938 Retention of records.

* * * * *

(c) The records listed in paragraph (a)

of this section shall be retained for one

year for equipment subject to

authorization under the certification

procedure or former type acceptance

procedure, or for two years for

equipment subject to authorization

under any other procedure, after the

manufacture of said equipment has been

permanently discontinued, or until the

conclusion of an investigation or a

proceeding if the responsible party (or,

under paragraph (b) of this section, the

manufacturer) is officially notified that

an investigation or any other

administrative proceeding involving its

equipment has been instituted.

* * * * *

§ 2.943 [Amended]

29. Section 2.943, paragraph (a) is

amended by removing the words ‘‘for

type acceptance, certification or

notification’’.

30. Section 2.946 is revised to read as

follows:

§ 2.946 Penalty for failure to provide test

samples and data.

(a) Any responsible party, as defined

in § 2.909, or any party who markets

equipment subject to the provisions of

this chapter, shall provide test sample(s)

or data upon request by the

Commission. Failure to comply with

such a request within 14 days may be

cause for forfeiture, pursuant to § 1.80 of

this chapter, or other administrative

sanctions such as suspending action on

any applications for equipment

authorization submitted by such party

while the matter is being resolved.

(b) The Commission may consider

extensions of time upon submission of

a showing of good cause.

§ 2.948 [Amended]

31. Section 2.948, paragraph (a)(2)

first sentence is amended by removing

the words ‘‘or the notification’’.

§ 2.971 [Removed]

32. The undesignated center heading

‘‘Notification’’ and § 2.971 are removed.

§ 2.973 [Removed]

33. Section 2.973 is removed.

§ 2.975 [Removed]

34. Section 2.975 is removed.

§ 2.977 [Removed]

35. Section 2.977 is removed.

§ 2.981 [Removed]

36. The undesignated center heading

‘‘Type Acceptance’’ and § 2.981 is

removed.

§ 2.983 [Removed]

37. Section 2.983 is removed.

§ 2.985 [Redesignated as § 2.1046]

38. Section 2.985 is redesignated as

new § 2.1046, and the reference to

‘‘§ 2.983(d)(5)’’ in paragraph (a) is

removed and add in its place

‘‘§ 2.1033(c)(8)’’.

§ 2.987 [Redesignated as § 2.1047]

39. Section 2.987 is redesignated as

new § 2.1047, and the reference to

‘‘§ 2.989’’ in paragraph (c) is removed

and add in its place ‘‘§ 2.1049’’.

§ 2.989 [Redesignated as § 2.1049]

40. Section 2.989 is redesignated as

new § 2.1049.

§ 2.991 [Redesignated as § 2.1051]

41. Section 2.991 is redesignated as

new § 2.1051, and the reference to

‘‘§ 2.989’’ is removed and add in its

place ‘‘§ 2.1049’’.

§ 2.993 [Redesignated as § 2.1053]

42. Section 2.993 is redesignated as

new § 2.1053, and the reference to

‘‘§ 2.989’’ is removed and add in its

place ‘‘§ 2.1049’’.

§ 2.995 [Redesignated as § 2.1055]

43. Section 2.995 is redesignated as

§ 2.1055.

§ 2.997 [Redesignated as § 2.1057]

44. Section 2.997 is redesignated as

§ 2.1057, and the references to ‘‘§§ 2.991

and 2.993’’ in paragraph (a) are removed

and add in its place ‘‘§§ 2.1051 and

2.1053’’, respectively.

§ 2.999 [Removed]

45. Section 2.999 is removed.

§ 2.1001 [Removed]

46. Section 2.1001 is removed.

§ 2.1005 [Removed]

47. Section 2.1005 is removed.

48. Section 2.1033 is revised to read

as follows:

§ 2.1033 Application for certification.

(a) An application for certification

shall be filed on FCC Form 731 with all

questions answered. Items that do not

apply shall be so noted.

(b) Applications for equipment

operating under Parts 11, 15 and 18 of

the rules shall be accompanied by a

technical report containing the

following information:

(1) The full name and mailing address

of the manufacturer of the device and

the applicant for certification.

(2) FCC identifier.

(3) A copy of the installation and

operating instructions to be furnished

the user. A draft copy of the instructions

may be submitted if the actual

document is not available. The actual

document shall be furnished to the FCC

when it becomes available.

(4) A brief description of the circuit

functions of the device along with a

statement describing how the device

operates. This statement should contain

a description of the ground system and

antenna, if any, used with the device.

(5) A block diagram showing the

frequency of all oscillators in the device.

The signal path and frequency shall be

indicated at each block. The tuning

range(s) and intermediate frequency(ies)

shall be indicated at each block. A

schematic diagram is also required for

intentional radiators.

(6) A report of measurements showing

compliance with the pertinent FCC

technical requirements. This report

shall identify the test procedure used

(e.g., specify the FCC test procedure, or

industry test procedure that was used),

the date the measurements were made,
36600 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

the location where the measurements

were made, and the device that was

tested (model and serial number, if

available). The report shall include

sample calculations showing how the

measurement results were converted for

comparison with the technical

requirements.

(7) A sufficient number of

photographs to clearly show the exterior

appearance, the construction, the

component placement on the chassis,

and the chassis assembly. The exterior

views shall show the overall

appearance, the antenna used with the

device (if any), the controls available to

the user, and the required identification

label in sufficient detail so that the

name and FCC identifier can be read. In

lieu of a photograph of the label, a

sample label (or facsimile thereof) may

be submitted together with a sketch

showing where this label will be placed

on the equipment. Photographs shall be

of size A4 (21 cm × 29.7 cm) or 8 × 10

inches (20.3 cm × 25.4 cm). Smaller

photographs may be submitted provided

they are sharp and clear, show the

necessary detail, and are mounted on

A4 (21 cm × 29.7 cm) or 8.5 × 11 inch

(21.6 cm × 27.9 cm) paper. A sample

label or facsimile together with the

sketch showing the placement of this

label shall be on the same size paper.

(8) If the equipment for which

certification is being sought must be

tested with peripheral or accessory

devices connected or installed, a brief

description of those peripherals or

accessories. The peripheral or accessory

devices shall be unmodified,

commercially available equipment.

(9) For equipment subject to the

provisions of part 15 of this chapter, the

application shall indicate if the

equipment is being authorized pursuant

to the transition provisions in § 15.37 of

this chapter.

(10) Applications for the certification

of direct sequence spread spectrum

transmitters under part 15 shall be

accompanied by an exhibit

demonstrating compliance with the

processing gain provisions of § 15.247(e)

of this chapter. Applications for the

certification of frequency hopping

transmitters under part 15 shall be

accompanied by an exhibit describing

compliance of the associated receiver or

receivers with § 15.247(a)(1) of this

chapter.

(11) Applications for the certification

of scanning receivers shall include a

statement describing the methods used

to comply with the design requirements

of § 15.121(a) of this chapter or the

marketing requirements of § 15.121(b) of

this chapter.

(c) Applications for equipment other

than that operating under parts 15 and

18 of the rules shall be accompanied by

a technical report containing the

following information:

(1) The full name and mailing address

of the manufacturer of the device and

the applicant for certification.

(2) FCC identifier.

(3) A copy of the installation and

operating instructions to be furnished

the user. A draft copy of the instructions

may be submitted if the actual

document is not available. The actual

document shall be furnished to the FCC

when it becomes available.

(4) Type or types of emission.

(5) Frequency range.

(6) Range of operating power values or

specific operating power levels, and

description of any means provided for

variation of operating power.

(7) Maximum power rating as defined

in the applicable part(s) of the rules.

(8) The dc voltages applied to and dc

currents into the several elements of the

final radio frequency amplifying device

for normal operation over the power

range.

(9) Tune-up procedure over the power

range, or at specific operating power

levels.

(10) A schematic diagram and a

description of all circuitry and devices

provided for determining and stabilizing

frequency, for suppression of spurious

radiation, for limiting modulation, and

for limiting power.

(11) A photograph or drawing of the

equipment identification plate or label

showing the information to be placed

thereon.

(12) Photographs (8′′ x 10′′) of the

equipment of sufficient clarity to reveal

equipment construction and layout,

including meters, if any, and labels for

controls and meters and sufficient views

of the internal construction to define

component placement and chassis

assembly. Insofar as these requirements

are met by photographs or drawings

contained in instruction manuals

supplied with the certification request,

additional photographs are necessary

only to complete the required showing.

(13) For equipment employing digital

modulation techniques, a detailed

description of the modulation system to

be used, including the response

characteristics (frequency, phase and

amplitude) of any filters provided, and

a description of the modulating

wavetrain, shall be submitted for the

maximum rated conditions under which

the equipment will be operated.

(14) The data required by §§ 2.1046

through 2.1057, inclusive, measured in

accordance with the procedures set out

in § 2.1041.

(15) The application for certification

of an external radio frequency power

amplifier under part 97 of this chapter

need not be accompanied by the data

required by paragraph (b)(14) of this

section. In lieu thereof, measurements

shall be submitted to show compliance

with the technical specifications in

subpart C of part 97 of this chapter and

such information as required by

§ 2.1060 of this part.

(16) An application for certification of

an AM broadcast stereophonic excitergenerator intended for interfacing with

existing certified, or formerly type

accepted or notified transmitters must

include measurements made on a

complete stereophonic transmitter. The

instruction book must include complete

specifications and circuit requirements

for interconnecting with existing

transmitters. The instruction book must

also provide a full description of the

equipment and measurement

procedures to monitor modulation and

to verify that the combination of stereo

exciter-generator and transmitter meet

the emission limitations of § 73.44.

(17) A single application may be filed

for a composite system that incorporates

devices subject to certification under

multiple rule parts, however, the

appropriate fee must be included for

each device. Separate applications must

be filed if different FCC Identifiers will

be used for each device.

49. Section 2.1041 is revised to read

as follows:

§ 2.1041 Measurement procedure.

For equipment operating under parts

15 and 18, the measurement procedures

are specified in the rules governing the

particular device for which certification

is requested. For equipment operating in

the authorized radio services,

measurements are required as specified

in §§ 2.1046, 2.1047, 2.1049, 2.1051,

2.1053, 2.1055 and 2.1057. See also

§ 2.947.

50. Section 2.1043 is revised to read

as follows:

§ 2.1043 Changes in certificated

equipment.

(a) Changes to the basic frequency

determining and stabilizing circuitry

(including clock or data rates),

frequency multiplication stages, basic

modulator circuit or maximum power or

field strength ratings shall not be

performed without application for and

authorization of a new grant of

certification. Variations in electrical or

mechanical construction, other than

these indicated items, are permitted

provided the variations either do not

affect the characteristics required to be

reported to the Commission or the
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36601

variations are made in compliance with

the other provisions of this section.

(b) Two classes of permissive changes

may be made in certificated equipment

without requiring a new application for

and grant of certification. Neither class

of change shall result in a change in

identification.

(1) A Class I permissive change

includes those modifications in the

equipment which do not degrade the

characteristics reported by the

manufacturer and accepted by the

Commission when certification is

granted. No filing with the Commission

is required for a Class I permissive

change.

(2) A Class II permissive change

includes those modifications which

degrade the performance characteristics

as reported to the Commission at the

time of the initial certification. Such

degraded performance must still meet

the minimum requirements of the

applicable rules. When a Class II

permissive change is made by the

grantee, the grantee shall supply the

Commission with complete information

and the results of tests of the

characteristics affected by such change.

The modified equipment shall not be

marketed under the existing grant of

certification prior to acknowledgement

by the Commission that the change is

acceptable.

(3) Except as specified below,

permissive changes, as detailed above,

shall be made only by the holder of the

grant of certification. Changes by any

party other than the grantee require a

new application for and grant of

certification.

(c) A grantee desiring to make a

change other than a permissive change

shall file an application on FCC Form

731 accompanied by the required fees.

The grantee shall attach a description of

the change(s) to be made and a

statement indicating whether the

change(s) will be made in all units

(including previous production) or will

be made only in those units produced

after the change is authorized.

(d) A modification which results in a

change in the identification of a device

with or without change in circuitry

requires a new application for, and grant

of certification. If the changes affect the

characteristics required to be reported, a

complete application shall be filed. If

the characteristics required to be

reported are not changed the

abbreviated procedure of § 2.933 may be

used.

(e) Equipment that has been

certificated or formerly type accepted

for use in the Amateur Radio Service

pursuant to the requirements of part 97

of this chapter may be modified without

regard to the conditions specified in

paragraph (b) of this section, provided

the following conditions are met:

(1) Any person performing such

modifications on equipment used under

part 97 of this chapter must possess a

valid amateur radio operator license of

the class required for the use of the

equipment being modified.

(2) Modifications made pursuant to

this paragraph are limited to equipment

used at licensed amateur radio stations.

(3) Modifications specified or

performed by equipment manufacturers

or suppliers must be in accordance with

the requirements set forth in paragraph

(b) of this section.

(4) Modifications specified or

performed by licensees in the Amateur

Radio Service on equipment other than

that at specific licensed amateur radio

stations must be in accordance with the

requirements set forth in paragraph (b)

of this section.

(5) The station licensee shall be

responsible for ensuring that modified

equipment used at his station will

comply with the applicable technical

standards in part 97 of this chapter.

(f) For equipment other than that

operating under parts 15 or 18, when a

Class II permissive change is made by

other than the grantee of certification,

the information and data specified in

paragraph (b)(2) of this section shall be

supplied by the person making the

change. The modified equipment shall

not be operated under an authorization

of the Commission prior to

acknowledgement by the Commission

that the change is acceptable.

(g) The interconnection of a

certificated or formerly type accepted

AM broadcast stereophonic excitergenerator with a certificated or formerly

type accepted AM broadcast transmitter

in accordance with the manufacturer’s

instructions and upon completion of

measurements showing that the

modified transmitter meets the emission

limitation requirements of § 73.44 is

defined as a Class I permissive change

for compliance with this section.

(h) The interconnection of a

multiplexing exciter with a certificated

or formerly type accepted AM broadcast

transmitter in accordance with the

manufacturer’s instructions without

electrical or mechanical modification of

the transmitter circuits and completion

of equipment performance

measurements showing the transmitter

meets the minimum performance

requirements applicable thereto is

defined as a Class I permissive change

for compliance with this section.

(i) The addition of TV broadcast

subcarrier generators to a certificated or

formerly type accepted TV broadcast

transmitter or the addition of FM

broadcast subcarrier generators to a type

accepted FM broadcast transmitter,

provided the transmitter exciter is

designed for subcarrier operation

without mechanical or electrical

alterations to the exciter or other

transmitter circuits.

(j) The addition of TV broadcast

stereophonic generators to a certificated

or formerly type accepted TV broadcast

transmitter or the addition of FM

broadcast stereophonic generators to a

certificated or formerly type accepted

FM broadcast transmitter, provided the

transmitter exciter is designed for

stereophonic sound operation without

mechanical or electrical alterations to

the exciter or other transmitter circuits.

(k) The addition of subscription TV

encoding equipment for which the FCC

has granted advance approval under the

provisions of § 2.1400 in subpart M and

§ 73.644(c) of part 73 to a certificated or

formerly type accepted transmitter is

considered a Class I permissive change.

(l) Notwithstanding the provisions of

this section, broadcast licensees or

permittees are permitted to modify

certificated or formerly type accepted

equipment pursuant to § 73.1690 of the

FCC’s rules.

51. A new § 2.1060 is added to read

as follows:

§ 2.1060 Equipment for use in the amateur

radio service.

(a) The general provisions of §§ 2.925,

2.1031, 2.1033, 2.1041, 2.1043, 2.1051,

2.1053 and 2.1057 shall apply to

applications for, and grants of,

certification for equipment operated

under the requirements of part 97 of this

chapter, the Amateur Radio Service.

(b) When performing the tests

specified in §§ 2.1051 and 2.1053 of this

part, the center of the transmitted

bandwidth shall be within the operating

frequency band by an amount equal to

50 percent of the bandwidth utilized for

the tests. In addition, said tests shall be

made on at least one frequency in each

of the bands within which the

equipment is capable of tuning.

(c) Any supplier of an external radio

frequency power amplifier kit as

defined by § 97.3(a)(17) of this chapter

shall comply with the following

requirements:

(1) Assembly of one unit of a specific

type shall be made in exact accordance

with the instructions being supplied

with the product being marketed. If all

of the necessary components are not

normally furnished with the kit,

assembly shall be made using the

recommended components.

(2) The measurement data required for

certification shall be obtained for this
36602 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

unit and submitted with the

certification application. Unless

otherwise requested, it is not necessary

to submit this unit with the application.

(3) A copy of the exact instructions

which will be provided for assembly of

the equipment shall be provided in

addition to other material required by

§ 2.1033 of this part.

(4) The identification label required

by § 2.925 of this part shall be

permanently affixed to the assembled

unit and shall be of sufficient size so as

to be easily read. The following

information shall be shown on the label:

(Name of Grantee of Certification)

FCC ID: (The number assigned to the

equipment by the grantor)

This amplifier can be expected to comply

with part 97 of the FCC Regulations when

assembled and aligned in strict accordance

with the instruction manual using

components with the kit or an exact

equivalent thereof.

(Title and signature of responsible

representative of Grantee)

Statement of Compliance

I state that I have constructed this

equipment in accordance with the

instruction manual and using the parts

furnished by the supplier of this kit.

(Signature)

(Date)

(Amateur call sign) (Class of license)

(Expiration date of license)

To be signed by the person responsible for

proper assembly of kit.)

(5) If requested, an unassembled unit

shall be provided for assembly and test

by the Commission. Shipping charges to

and from the Commission’s Laboratory

shall be borne by the applicant.

(d) Certification of external radio

frequency power amplifiers and

amplifier kits may be denied when

denial serves the public interest,

convenience and necessity by

preventing the use of these amplifiers in

services other than the Amateur Radio

Service. Other uses of these amplifiers,

such as in the Citizens Band Radio

Service, are prohibited (§ 95.411 of this

chapter). Examples of features which

may result in the denial of certification

are contained in § 97.317 of this chapter.

PART 5—EXPERIMENTAL RADIO

SERVICES (OTHER THAN

BROADCAST)

52. The authority citation for part 5

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303.

Interpret or apply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

§ 5.108 [Amended]

53. Section 5.108, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘verified’’.

54. Section 5.109 is revised to read as

follows:

§ 5.109 Acceptability of transmitters for

licensing.

All transmitters used at stations

licensed for wildlife and ocean buoy

tracking and telemetering operations

pursuant to § 5.108 shall be verified

pursuant to subpart J of part 2 of this

chapter.

PART 15—RADIO FREQUENCY

DEVICES

55. The authority citation for part 15

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304,

307 and 544A.

§ 15.19 [Amended]

56. Section 15.19, paragraph (a)

introductory text is amended by

removing the word ‘‘notification,’’.

§ 15.25 [Amended]

57. Section 15.25, paragraph (b)

introductory text is amended by

removing the term ‘‘notified’’ and

adding in its place ‘‘authorized under

the Declaration of Conformity

procedure,’’ paragraph (b)(2) is amended

by removing the term ‘‘notification’’ and

adding in its place ‘‘Declaration of

Conformity’’ and paragraph (c) is

amended by removing the term ‘‘or

notification’’.

§ 15.31 [Amended]

58. Section 15.31, paragraph (b) is

amended by removing the term

‘‘notification or’’. Paragraph (f)(3) is

amended by removing the term

‘‘notification’’ and adding in its place

‘‘Declaration of Conformity’’.

§ 15.35 [Amended]

59. Section 15.35, paragraph (c) is

amended by removing the term

‘‘notification’’ and adding in its place

‘‘Declaration of Conformity’’.

60. Section 15.101, paragraphs (a) and

(b) are revised to read as follows:

§ 15.101 Equipment authorization of

unintentional radiators.

(a) Except as otherwise exempted in

§§ 15.23, 15.103, and 15.113,

unintentional radiators shall be

authorized prior to the initiation of

marketing, as follows:

Type of device Equipment authorization required

TV broadcast receiver .............................................................................. Verification.

FM broadcast receiver .............................................................................. Verification.

CB receiver ............................................................................................... Declaration of Conformity or Certification.

Superregenerative receiver ...................................................................... Declaration of Conformity or Certification.

Scanning receiver ..................................................................................... Certification.

All other receivers subject to part 15 ....................................................... Declaration of Conformity or Certification.

TV interface device ................................................................................... Declaration of Conformity or Certification.

Cable system terminal device .................................................................. Declaration of Conformity.

Stand-alone cable input selector switch ................................................... Verification.

Class B personal computers and peripherals .......................................... Declaration of Conformity or Certification.

CPU boards and internal power supplies used with Class B personal

computers.

Declaration of Conformity or Certification.

Class B personal computers assembled using authorized CPU boards

or power supplies..

Declaration of Conformity.

Class B external switching power supplies .............................................. Verification.

Other Class B digital devices & peripherals ............................................. Verification.

Class A digital devices, peripherals & external switching power supplies..Verification.

All other devices ....................................................................................... Verification.
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36603

Note to table: Where the above table

indicates more than one category of

authorization for a device, the party

responsible for compliance has the option to

select the type of authorization.

(b) Only those receivers that operate

(tune) within the frequency range of 30–

960 MHz and CB receivers are subject to

the authorizations shown in paragraph

(a) of this section. However, receivers

indicated as being subject to Declaration

of Conformity that are contained within

a transceiver, the transmitter portion of

which is subject to certification, shall be

authorized under the verification

procedure. Receivers operating above

960 MHz or below 30 MHz, except for

CB receivers, are exempt from

complying with the technical provisions

of this part but are subject to § 15.5.

* * * * *

§ 15.214 [Amended]

61. Section 15.214, paragraph (a) is

amended by revising the last sentence to

read as follows:

(a) * * * The application shall

include a fee for certification of each

type of transmitter and for certification,

if appropriate, for each type of receiver

included in the system.

* * * * *

PART 18—INDUSTRIAL, SCIENTIFIC,

AND MEDICAL EQUIPMENT

62. The authority citation for part 18

continues to read as follows:

Authority: 47 U.S.C. 4, 301, 302, 303, 304,

307.

63. Section 18.203, paragraph (a) is

revised to read as follows:

§ 18.203 Equipment authorization.

(a) Consumer ISM equipment, unless

otherwise specified, must be authorized

under either the Declaration of

Conformity or certification procedure

prior to use or marketing. An

application for certification shall be

filed with the Commission on an FCC

Form 731, pursuant to the relevant

sections in part 2, subpart J of this

chapter and shall also be accompanied

by:

(1) A description of measurement

facilities pursuant to § 2.948, or

reference to such information already on

file with the Commission.

(2) A technical report pursuant to

§§ 18.207 and 18.311.

* * * * *

§ 18.205 [Removed]

64. Section 18.205 is removed.

§ 18.207 [Amended]

65. Section 18.207, paragraph (a) is

amended by correcting ‘‘§ 18.205’’ to

read ‘‘§ 2.948’’.

66. Section 18.209 is revised to read

as follows:

§ 18.209 Identification of authorized

equipment.

(a) Each device for which a grant of

equipment authorization is issued under

this part shall be identified pursuant to

the applicable provisions of subpart J of

part 2 of this chapter. Changes in the

identification of authorized equipment

may be made pursuant to § 2.933 of part

2 of this chapter. FCC Identifiers as

described in §§ 2.925 and 2.926 of this

chapter shall not be used on equipment

subject to verification or Declaration of

Conformity.

(b) Devices authorized under the

Declaration of Conformity procedure

shall be labelled with the logo shown

below. The label shall not be a stick-on,

paper label. It shall be permanently

affixed to the product and shall be

readily visible to the purchaser at the

time of purchase, as described in

§ 2.925(d) of this chapter. ‘‘Permanently

affixed’’ means that the label is etched,

engraved, stamped, silkscreened,

indelibly printed, or otherwise

permanently marked on a permanently

attached part of the equipment or on a

nameplate of metal, plastic, or other

material fastened to the equipment by

welding, riveting, or a permanent

adhesive. The label must be designed to

last the expected lifetime of the

equipment in the environment in which

the equipment may be operated and

must not be readily detachable. The logo

follows:

67. A new § 18.212 is added to read

as follows:

§ 18.212 Compliance information.

(a) Equipment authorized under the

Declaration of Conformity procedure

shall include the following compliance

information in lieu of the information

required by § 2.1077.

(1) Identification of the product, e.g.,

name and model number.

(2) A statement similar to the

following:

This device complies with Part 18 of

the FCC Rules.

(3) The name and address of the

responsible party as defined in § 2.909

of the rules. This party must be located

within the United States.

(b) The compliance information may

be placed in the instruction manual, on

a separate sheet, or on the packaging.

There is no specific format for this

information.

PART 21—DOMESTIC PUBLIC FIXED

RADIO SERVICES

68. The authority citation for part 21

continues to read as follows:

Authority: Secs. 1, 2, 4, 201–205, 208, 215,

218, 303, 307, 313, 403, 404, 410, 602, 48

Stat. as amended, 1064, 1066, 1070–1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094,

1098, 1102; 47 U.S.C. 151, 154, 201–205, 208,

215, 218, 303, 307, 313, 314, 403, 404, 602;

47 U.S.C. 552, 554.

§ 21.42 [Amended]

69. Section 21.42, paragraph (c)(1)(i)

is amended by removing the term ‘‘typeaccepted’’ each place it appears and

adding in its place ‘‘certificated’’, and

by removing the term ‘‘type notified’’

each place it appears.

§ 21.120 [Amended]

70. Section 21.120, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’. Paragraphs (b) and (c) are

amended by removing the term ‘‘type

acceptance or notification’’ and adding

in its place ‘‘certification’’ and by

removing the last sentence in each of

paragraphs (b) and (c).

§ 21.907 [Amended]

71. Section 21.907, paragraphs (c) and

(d) are amended by removing the term

‘‘type-accepted’’ and adding in its place

‘‘certificated’’.

PART 22—PUBLIC MOBILE SERVICES

72. The authority citation for part 22

continues to read as follows:

Authority: 47 U.S.C. 154, 222, 303, 309 and

332.

§ 22.99 [Amended]

73. Section 22.99, the definition of

emission mask is amended by removing

the term ‘‘type acceptance’’ and adding

in its place ‘‘certification’’.

§ 22.377 [Amended]

74. Section 22.377, existing paragraph

(c) is removed, paragraph (d) is

redesignated as paragraph (c), the

section heading, introductory text,

paragraphs (a), (b) and newly

redesignated (c) are amended by

removing the term ‘‘type-acceptance’’

and adding in its place ‘‘certification’’

each place it appears and removing the

term ‘‘type-accepted’’ and adding in its

place ‘‘certificated’’.

§ 22.379 [Amended]

75. Section 22.379(a) is amended by

removing the term ‘‘type-accepted’’ and

adding in its place ‘‘certificated’’.
36604 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

PART 24—PERSONAL

COMMUNICATIONS SERVICES

76. The authority citation for part 24

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309 and 332.

§ 24.51 [Amended]

77. Section 24.51, existing paragraph

(b) is removed, paragraphs (c) and (d)

are redesignated as paragraphs (b) and

(c), paragraph (a) and newly

redesignated paragraph (c) are amended

by removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’. Newly

redesignated paragraph (b) is amended

by removing the last sentence.

PART 26—GENERAL WIRELESS

COMMUNICATIONS SERVICE

78. The authority citation for part 26

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309 and 332, unless otherwise noted.

79. Section 26.51 is revised to read as

follows:

§ 26.51 Equipment authorization.

(a) Each transmitter utilized for

operation under this part and each

transmitter marketed, as set forth in

§ 2.803 of this chapter, must be of a type

that has been authorized by the

Commission under its type certification

procedure.

(b) Any manufacturer of radio

transmitting equipment to be used in

these services may request equipment

authorization following the procedures

set forth in Subpart J of part 2 of this

chapter. Equipment authorization for an

individual transmitter may be requested

by an applicant for a station

authorization by following the

procedures set forth in part 2 of this

chapter.

PART 73—RADIO BROADCAST

SERVICES

80. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

81. Section 73.53 is amended by

revising paragraphs (a), (b) introductory

text, and (b)(10) to read as follows:

§ 73.53 Requirements for authorization of

antenna monitors.

(a) Antenna monitors shall be verified

for compliance with the technical

requirements in this section. The

procedure for verification is specified in

subpart J of part 2 of the FCC’s rules.

(b) An antenna monitor shall meet the

following specifications:

* * * * *

(10) Complete and correct schematic

diagrams and operating instructions

shall be retained by the party

responsible for verification of the

equipment and submitted to the FCC

upon request. For the purpose of

equipment authorization, these

diagrams and instructions shall be

considered as part of the monitor.

* * * * *

82. Section 73.1660 is revised to read

as follows:

§ 73.1660 Acceptability of broadcast

transmitters.

(a) An AM, FM or TV transmitter shall

be verified for compliance with the

requirements of this part following the

procedures described in part 2 of the

FCC rules.

(b) A permittee or licensee planning

to modify a transmitter which has been

approved by the FCC or verified for

compliance must follow the

requirements contained in § 73.1690.

(c) A transmitter which was in use

prior to January 30, 1955, may continue

to be used by the licensee, and

successors or assignees, if it continues

to comply with the technical

requirements for the type of station at

which it is used.

(d) AM stereophonic excitergenerators for interfacing with approved

or verified AM transmitters may be

certified upon request from any

manufacturer in accordance with the

procedures described in part 2 of the

FCC rules. Broadcast licensees may

modify their certified AM stereophonic

exciter-generators in accordance with

§ 73.1690.

(e) Additional rules covering

certification and verification,

modification of authorized transmitters,

and withdrawal of a grant of

authorization are contained in part 2 of

the FCC rules.

83. Section 73.1665, paragraph (c) and

the note that follows are revised to read

as follows:

§ 73.1665 Main transmitters.

* * * * *

(c) A licensee may, without further

authority or notification to the FCC,

replace an existing main transmitter or

install additional main transmitter(s) for

use with the authorized antenna if the

replacement or additional transmitter(s)

has been verified for compliance.

Within 10 days after commencement of

regular use of the replacement or

additional transmitter(s), equipment

performance measurements, as

prescribed for the type of station are to

be completed.

Note to paragraph (c): Pending the

availability of AM broadcast transmitters that

are approved or verified for use in the 1605–

1705 kHz band, transmitters that are

approved or verified for use in the 535–1605

kHz band may be utilized in the 1605–1705

kHz band if it is shown that the requirements

of § 73.44 have been met. Verification or FCC

approval of the transmitter will supersede the

applicability of this note.

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

84. The authority citation for part 74

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, and

554.

85. Section 74.451, the section

heading is revised to read as follows:

§ 74.451 Certification of equipment.

§ 74.451 [Amended]

Paragraphs (a), (b), (c), (d) and (f) are

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’ and by

removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’. The last sentence

of paragraph (c) is removed.

§ 74.452 [Amended]

86. Section 74.452, paragraphs (b) and

(d) are amended by removing the term

‘‘type accepted’’ each place it appears

and adding in its place ‘‘certificated’’.

§ 74.462 [Amended]

87. Section 74.462, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’,

footnote 4 of the table in paragraph (b)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’ and removing the term

‘‘Radio Equipment List’’ and adding in

its place ‘‘database’’.

88. Section 74.550 is revised to read

as follows:

§ 74.550 Equipment authorization.

Each authorization for aural broadcast

STL, ICR, and booster stations shall

require the use of equipment which has

been certificated or verified. Equipment

which has not been approved under the

equipment authorization program and

which was in service prior to July 1,

1993, may be retained solely for

temporary uses necessary to restore or

maintain regular service provided by

approved equipment, because the main

or primary unit has failed or requires

servicing. Such temporary uses may not

interfere with or impede the

establishment of other aural broadcast

auxiliary links and may not occur

during more than 720 cumulative hours

per year. Should interference occur, the
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36605

licensee must take all steps necessary to

eliminate it, up to and including

cessation of operation of the auxiliary

transmitter. All unapproved equipment

retained for temporary use must have

been in the possession of the licensee

prior to July 1, 1993, and may not be

obtained from other sources. Equipment

designed exclusively for fixed operation

shall be authorized under the

verification procedure. The equipment

authorization procedures are contained

in subpart J of part 2 of the rules.

Note to § 74.550: Consistent with the note

to § 74.502(a), grandfathered equipment in

the 942–944 MHz band and STL/ICR users of

these frequencies in Puerto Rico are also

required to come into compliance by July 1,

1993. The backup provisions described above

apply to these stations also.

§ 74.632 [Amended]

89. Section 74.632, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘authorized as required’’.

§ 74.651 [Amended]

90. Section 74.651, paragraph (a)(1) is

amended by removing the term ‘‘type

accepted or notified’’ and adding in its

place ‘‘authorized’’.

91. Section 74.655 is revised to read

as follows:

§ 74.655 Authorization of equipment.

(a) Except as provided in paragraph

(b) of this section, all transmitting

equipment first marketed for use under

this subpart or placed into service after

October 1, 1981, must be authorized

under the certification or verification

procedure, as detailed in paragraph (f)

of this section. Equipment which is

used at a station licensed prior to

October 1, 1985, which has not been

authorized as detailed in paragraph (f)

of this section, may continue to be used

by the licensee or its successors or

assignees, provided that if operation of

such equipment causes harmful

interference due to its failure to comply

with the technical standards set forth in

this subpart, the FCC may, at its

discretion, require the licensee to take

such corrective action as is necessary to

eliminate the interference. However,

such equipment may not be further

marketed or reused under part 74 after

October 1, 1985. Transmitters designed

for use in the 31.0 to 31.3 GHz band

shall be authorized under the

verification procedure.

(b) Certification or verification is not

required for transmitters used in

conjunction with TV pickup stations

operating with a peak output power not

greater than 250 mW. Pickup stations

operating in excess of 250 mW licensed

pursuant to applications accepted for

filing prior to October 1, 1980 may

continue operation subject to periodic

renewal. If operation of such equipment

causes harmful interference the FCC

may, at its discretion, require the

licensee to take such corrective action as

is necessary to eliminate the

interference.

(c) The license of a TV auxiliary

station may replace transmitting

equipment with authorized equipment,

as detailed under paragraph (f) of this

section, without prior FCC approval,

provided the proposed changes will not

depart from any of the terms of the

station or system authorization or the

Commission’s technical rules governing

this service, and also provided that any

changes made to authorized

transmitting equipment is in

compliance with the provisions of part

2 of the FCC rules concerning

modifications to authorized equipment.

(d) Any manufacturer of a transmitter

to be used in this service may authorize

the equipment under the certification or

verification procedure, as appropriate,

following the procedures set forth in

subpart J of part 2 of the FCC rules.

(e) An applicant for a TV broadcast

auxiliary station may also authorize an

individual transmitter, as specified in

paragraph (f) of this section, by

following the procedures set forth in

subpart J of part 2 of the FCC rules and

regulations.

(f) Transmitters designed to be used

exclusively for a TV STL station, a TV

intercity relay station, a TV translator

relay station, or a TV microwave booster

station, shall be authorized under

verification. All other transmitters will

be authorized under the certification

procedure.

§ 74.750 [Amended]

92. Section 74.750, paragraph (a), (b),

(c) introductory text and (g) are

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in it place ‘‘certificated’’.

Paragraph (e) introductory text and

(e)(1), (e)(2), (e)(3), (e)(4) are amended

by removing the term ‘‘type accepted’’

each place its appears and adding in its

place ‘‘certificated’’ and by removing

the term ‘‘type acceptance’’ each place

it appears and adding in its place

‘‘certification’’. The last two sentences

of paragraph (e)(1) are removed.

§ 74.751 [Amended]

93. Section 74.751, paragraphs (a) and

(b)(1) are amended by removing the

term ‘‘type accepted’’ and adding in its

place ‘‘certificated’’.

94. Section 74.851, the section

heading is revised to read as follows:

§ 74.851 Certification of equipment.

§ 74.851 [Amended]

Paragraphs (a), (b), (c), (e) and (f) are

amended by removing the term ‘‘type

accepted’’ each place its appears and

adding in its place ‘‘certificated’’ and by

removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’. The last sentence

of paragraph (c) is removed.

§ 74.852 [Amended]

95. Section 74.852, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’.

§ 74.861 [Amended]

96. Section 74.861, paragraph (b) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’, and removing the term

‘‘type acceptance’’ and adding in its

place ‘‘certification’’.

§ 74.938 [Amended]

97. Section 74.938 is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’, and

removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’.

§ 74.939 [Amended]

98. Section 74.939, paragraph (j) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

§ 74.950 [Amended]

99. Section 74.950, paragraph (f)

introductory text is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 74.951 [Amended]

100. Section 74.951, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 74.952 [Amended]

101. Section 74.952, paragraph (a) is

redesignated as paragraph (b), the

introductory text is redesignated as

paragraph (a), and newly redesignated

paragraphs (a) and (b) are amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’, and

newly redesignated paragraph (b) is

amended removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’.

§ 74.1235 [Amended]

102. Section 74.1235(e) is amended by

removing the term ‘‘type-accepted’’ each

place it appears and adding in its place

‘‘certificated’’.
36606 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

103. Section 74.1250 is amended by

revising paragraphs (a), (b) and (c)

introductory text to read as follows:

§ 74.1250 Transmitters and associated

equipment.

(a) FM translator and booster

transmitting apparatus, and exciters

employed to provide a locally generated

and modulated input signal to translator

and booster equipment, used by stations

authorized under the provisions of this

subpart must be certificated upon the

request of any manufacturer of

transmitters in accordance with this

section and subpart J of part 2 of this

chapter. In addition, FM translator and

booster stations may use FM broadcast

transmitting apparatus verified or

approved under the provisions of part

73 of this chapter.

(b) Transmitting antennas, antennas

used to receive signals to be rebroadcast,

and transmission lines are not subject to

the requirement for certification.

(c) The following requirements must

be met before translator, booster or

exciter equipment will be certificated in

accordance with this section:

* * * * *

§ 74.1251 [Amended]

104. Section 74.1251, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’, and revising the

reference ‘‘§ 2.1001’’ to read ‘‘Part 2’’.

Paragraph (b)(1) is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

PART 78—CABLE TELEVISION RELAY

SERVICE

105. The authority citation for part 78

continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308,

309, 48 Stat., as amended, 1064, 1065, 1066,

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152,

153, 154, 301, 303, 307, 308, 309.

106. Section 78.107 is amended by

removing paragraph (a) and by

redesignating paragraphs (b), (c), (d) and

(e) as paragraphs (a), (b), (c), and (d).

The newly redesignated paragraph (a) is

amended by revising paragraph (a)

introductory text, and paragraph (a)(2)

to read as follows:

§ 78.107 Equipment and installation.

(a) Applications for new cable

television relay stations, other than

fixed stations, will not be accepted

unless the equipment specified therein

has been certificated. In the case of fixed

stations, the equipment must be

authorized under the verification

procedure for use pursuant to the

provisions of this subpart. Transmitters

designed for use in the 31.0 to 31.3 GHz

band shall be authorized under the

verification procedure.

(1) * * *

(2) Neither certification nor

verification is required for the following

transmitters:

* * * * *

Part 78 Index [Amended]

107. The alphabetical index to part 78

is amended by removing the entry for

‘‘Equipment list, Type accepted’’, and

removing the entry for ‘‘Type accepted

equipment’’ and adding in its place

‘‘Certificated equipment’’.

PART 80—STATIONS IN THE

MARITIME SERVICES

108. The authority citation for part 80

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303, 307(e)

unless otherwise noted. Interpret or apply 48

Stat. 1064–1068, 1081–1105, as amended; 47

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST

4726, 12 UST 2377.

§ 80.29 [Amended]

109. Section 80.29, the table in

paragraph (a) is amended by removing

the term ‘‘type-accepted’’ and adding in

its place ‘‘authorized’’ in the second

column.

§ 80.43 [Amended]

110. Section 80.43 is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘authorized’’.

§ 80.203 [Amended]

111. Section 80.203, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’ in the first sentence,

removing the term ‘‘type acceptance’’

and adding in its place ‘‘certification’’ in

the second sentence, and removing the

term ‘‘type accepted or type approved’’

and adding in its place ‘‘authorized’’ in

the last sentence. Paragraphs (d), (f), (h),

(g), (i), (j), (k), (l) and (m)(2) are

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’ and

removing the term ‘‘type acceptance’’

each place its appears and adding in its

place ‘‘certification’’. Paragraph (k) is

amended by removing the last sentence.

§ 80.205 [Amended]

112. Section 80.205, paragraph (a),

footnote 11 is amended by removing the

term ‘‘type accepted’’ and adding in its

place ‘‘approved’’.

§ 80.207 [Amended]

113. Section 80.207, paragraph (d),

footnotes 2 and 5 are amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘approved’’.

114. In the first column of the table in

the entries in paragraph (a) of § 80.209,

paragraphs (1)(ii), (1)(iii) and (1)(iv) are

amended by removing the terms ‘‘type

accepted or type approved’’ and ‘‘type

approved’’ and adding in its place

‘‘approved’’. Footnote 1 following the

table, is amended by removing the term

‘‘type acceptance’’ and adding in its

place ‘‘approval’’. Footnote 2 is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘approved’’.

§ 80.215 [Amended]

115. Section 80.215, in paragraph

(e)(3), footnote 8 is amended by

removing the term ‘‘type acceptance’’

and adding in its place ‘‘Certification’’.

§ 80.221 [Amended]

116. Section 80.221, paragraph (d) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.251 [Amended]

117. Section 80.251, paragraph (a) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’, and in paragraph (b) by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 80.253 [Amended]

118. Section 80.253, in paragraph (a),

footnote 1 is amended by removing the

term ‘‘type accepted or type approved’’

and adding in its place ‘‘approved’’.

Footnote 2 is amended by removing the

term ‘‘type accepted or type approval’’

and adding in its place ‘‘approved’’.

§ 80.255 [Amended]

119. Section 80.255, paragraph (a),

footnotes 1 and 2 are amended by

removing the terms ‘‘type accepted or

type approved’’ and adding in its place

‘‘approved’’.

§ 80.250 [Amended]

120. Section 80.259, paragraph (a)

introductory text is amended by

removing the term ‘‘type acceptance’’

and adding in its place ‘‘certification’’,

paragraphs (a)(1) and (a)(2) are amended

by removing the term ‘‘type approved’’

and adding in its place ‘‘approved’’.

§ 80.265 [Amended]

121. Section 80.265, following the

table in paragraph (b)(1), footnotes 1 and

2 are amended by removing the terms

‘‘type accepted or type approved’’ and

adding in its place ‘‘approved’’.

Footnote 3 is amended by removing the

word ‘‘type’’. Paragraph (c)(1), the

footnote to the table is amended by
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36607

removing the term ‘‘type approved’’ and

adding in its place ‘‘approved’’.

Paragraph (e)(2) is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 80.267 [Amended]

122. Section 80.267, paragraph (a)(1),

following the table, footnotes 1 and 2

are amended by removing the term

‘‘type accepted or type approved’’ and

adding in its place ‘‘approved’’.

§ 80.271 [Amended]

123. Section 80.271, paragraphs (b),

(c) and (d) are amended by removing the

term ‘‘type accepted’’ and adding in its

place ‘‘certificated’’. Paragraph (e) is

amended by removing the term ‘‘Radio

Equipment List’’ and adding in its place

‘‘database’’.

§ 80.605 [Amended]

124. Section 80.605, paragraph (b) is

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’ .

§ 80.812 [Amended]

125. Section 80.812 is amended by

removing the term ‘‘of a type accepted’’

and adding in its place ‘‘certificated’’.

§ 80.814 [Amended]

126. Section 80.814 is amended by

removing the term ‘‘of a type accepted’’

and adding in its place ‘‘certificated’’.

§ 80.829 [Amended]

127. Section 80.829, paragraph (b) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.831 [Amended]

128. Section 80.831, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.833 [Amended]

129. Section 80.833, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.836 [Amended]

130. Section 80.836, paragraph

(c)(3)(i) is amended by removing the

term ‘‘type accepted’’ and adding in its

place ‘‘certificated’’.

§ 80.856 [Amended]

131. Section 80.856 is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 80.873 [Amended]

132. Section 80.873, paragraph (d)(3)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.874 [Amended]

133. Section 80.874, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.911 [Amended]

134. Section 80.911, paragraph (c) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 80.1053 [Amended]

135. Section 80.1053, paragraph (c) is

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’, and

by removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’.

§ 80.1059 [Amended]

136. Section 80.1059, paragraph (e) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

§ 80.1061 [Amended]

137. Section 80.1061, paragraphs (c)

and (d) are amended by removing the

term ‘‘type acceptance’’ and adding in

its place ‘‘certification’’.

§ 80.1103 [Amended]

138. Section 80.1103, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’ and by removing the term

‘‘notified’’ and adding in its ‘‘verified’’.

Paragraph (b) is amended by removing

the term ‘‘type acceptance’’ and adding

in its place ‘‘certification’’, and

paragraph (c) is amended by removing

the term ‘‘notification’’ and adding in its

place ‘‘verification’’ and by removing

the term ‘‘certificate’’ and adding in its

place ‘‘certification’’.

PART 87—AVIATION SERVICES

139. The authority citation for part 87

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, 307(e) unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–156, 301–609.

§ 87.39 [Amended]

140. Section 87.39 is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 87. 131 [Amended]

141. Section 87.131, footnote 5 of the

table, is amended by removing the term

‘‘type accepted’’ and adding in its place

‘‘certificated’’, and footnote 7 is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

§ 87.133 [Amended]

142. Section 87.133, paragraph (a),

footnote 3 of the table is amended by

removing the term ‘‘type accepted or

type approved’’ and adding in its place

‘‘approved’’. Footnotes 4 and 5 are

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘approved’’. Footnote 11 is amended by

removing the term ‘‘type acceptance’’

and adding in its place ‘‘certification’’.

§ 87.137 [Amended]

143. Section 87.137, paragraph (a),

footnotes 3 and 15 of the table are

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘approved’’. Footnote 4 is amended by

removing the term ‘‘type acceptance’’

and adding in its place ‘‘approval’’.

§ 87.139 [Amended]

144. Section 87.139, paragraph (g) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘approved’’.

145. Section 87.145 is revised to read

as follows:

§ 87.145 Acceptability of transmitters for

licensing.

(a) Each transmitter must be

certificated for use in these services,

except as listed in paragraph (c) of this

section. However, aircraft stations

which transmit on maritime mobile

frequencies must use transmitters

certificated for use in ship stations in

accordance with part 80 of this chapter.

Certification under part 80 is not

required for aircraft earth stations

transmitting on maritime mobilesatellite frequencies. Such stations must

be certificated under part 87.

(b) Some radio equipment installed on

air carrier aircraft must meet the

requirements of the Commission and the

requirements of the FAA. The FAA

requirements may be obtained from the

FAA, Aircraft Maintenance Division,

800 Independence Ave., SW.,

Washington, DC 20591.

(c) The equipment listed below is

exempted from certification. The

operation of transmitters which have

not been certificated must not result in

harmful interference due to the failure

of those transmitters to comply with

technical standards of this subpart.

(1) Development or Civil Air Patrol

transmitters.

(2) Flight test station transmitters for

limited periods where justified.

(3) U.S. Government transmitters

furnished in the performance of a U.S.

Government contract if the use of
36608 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

certificated equipment would increase

the cost of the contract or if the

transmitter will be incorporated in the

finished product. However, such

equipment must meet the technical

standards contained in this subpart.

(4) ELTs verified in accordance with

§ 87.147(e).

(5) Signal generators when used as

radionavigation land test stations

(MTF).

(d) Aircraft earth stations must correct

their transmit frequencies for Doppler

effect relative to the satellite. The

transmitted signal may not deviate more

than 335 Hz from the desired transmit

frequency. (This is a root sum square

error which assumes zero error for the

received ground earth station signal and

includes the AES transmit/receive

frequency reference error and the AES

automatic frequency control residual

errors.) The applicant must attest that

the equipment provides adequate

Doppler effect compensation and where

applicable, that measurements have

been made that demonstrate

compliance. Submission of data

demonstrating compliance is not

required unless requested by the

Commission.

146. Section 87.147 is amended by

revising paragraphs (a), (b), (c), (d)

introductory text, (d)(2), and (e) to read

as follows:

§ 87.147 Authorization of equipment.

(a) Certification may be requested by

following the procedures in part 2 of

this chapter. Aircraft transmitters must

meet the requirements over an ambient

temperature range of ¥20 degrees to

+50 degrees Celsius.

(b) ELTs manufactured after October

1, 1988, must meet the output power

characteristics contained in § 87.141(i)

when tested in accordance with the

Signal Enhancement Test contained in

subpart N, part 2 of this chapter. A

report of the measurements must be

submitted with each application for

certification. ELTs that meet the output

power characteristics of the section

must have a permanent label

prominently displayed on the outer

casing state, ‘‘Meets FCC Rule for

improved satellite detection.’’ This

label, however, must not be placed on

the equipment without authorization to

do so by the Commission. Application

for such authorization may be made

either by submission of a new

application for certification

accompanied by the required fee and all

information and test data required by

parts 2 and 87 of this chapter or, for

ELTs approved prior to October 1, 1988,

a letter requesting such authorization,

including appropriate test data and a

showing that all units produced under

the original equipment authorization

comply with the requirements of this

paragraph without change to the

original circuitry.

(c) An applicant for a station license

may request certification for an

individual transmitter by following the

procedure in part 2 of this chapter. Such

a transmitter will be individually

certified and so noted on the station

license.

(d) An applicant for certification of

equipment intended for transmission in

any of the frequency bands listed in

paragraph (d)(3) of this section must

notify the FAA of the filing of a

certification application. The letter of

notification must be mailed to: FAA,

Spectrum Engineering Division, 800

Independence Ave. SW., Washington,

DC 20591 no later than the date of filing

of the application with the Commission.

(1) * * *

(2) The certification application must

include a copy of the notification letter

to the FAA. The Commission will not

act for 21 days after receipt of the

application to afford the FAA an

opportunity to comment. If the FAA

objects to the application for equipment

authorization, it should mail its

objection with a showing that the

equipment is incompatible with the

National Airspace System to: Office of

Engineering and Technology Laboratory,

Authorization and Evaluation Division,

7435 Oakland Mills Rd., Columbia, MD

21046. If the Commission receives such

an objection, the Commission will

consider the FAA showing before taking

final action on the application.

(3) * * *

(e) Verification reports for ELTs

capable of operating on the frequency

406.025 MHz must include sufficient

documentation to show that the ELT

meets the requirements of § 87.199(a). A

letter notifying the FAA of the ELT

verification must be mailed to: FAA,

Spectrum Engineering Division, 800

Independence Avenue SW.,

Washington, DC 20591.

§ 87.189 [Amended]

147. Section 87.189, paragraph (b) is

amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

148. Section 87.199 is amended by

revising paragraphs (c) and (d) to read

as follows:

§ 87.199 Special requirements for 406.025

MHz ELTs.

* * * * *

(c) Prior to verification of a 406.025

MHz ELT, the ELT must be certified by

a test facility recognized by one of the

COSPAS/SARSAT Partners that the

equipment satisfies the design

characteristics associated with the

COSPAS/SARSAT document COSPAS/

SARSAT 406 MHz Distress Beacon Type

Approval Standard (C/S T.007).

Additionally, an independent test

facility must certify that the ELT

complies with the electrical and

environmental standards associated

with the RTCA Recommended

Standards.

(d) The procedures for verification are

contained in subpart J of part 2 of this

chapter.

* * * * *

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

149. The authority citation for part 90

continues to read as follows:

Authority: Secs. 4, 251–2, 303, 309, and

332, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 251–2, 303, 309 and 332, unless

otherwise noted.

§ 90.5 [Amended]

150. Section 90.5, paragraph (c) is

amended by removing the term ‘‘type

acceptance and type approval’’ and

adding in its place ‘‘certification’’.

§ 90.20 [Amended]

151. Section 90.20, paragraph (e)(5)(i),

(f)(4) and (f)(5) are amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

§ 90.35 [Amended]

152. Section 90.35, paragraph (c)(22)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 90.65 [Amended]

153. Section 90.65, paragraph (c)(11)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 90.103 [Amended]

154. Section 90.103, paragraphs

(c)(23) and (c)(24) are amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’.

155. Section 90.129 is amended by

revising paragraph (b) to read as follows:

§ 90.129 Supplemental information to be

routinely submitted with applications.

* * * * *

(b) Description of any equipment

proposed to be used if it is not approved

for use under this part.

* * * * *

156. Section 90.203 is amended by

revising paragraph (a) and paragraph (b)

introductory text and paragraphs (c), (e),

(f), (h)(2), (j)(2) introductory text, (j)(4)
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36609

introductory text, (j)(5), (j)(6)

introductory text, (j)(6)(i)(A), (j)(7), (j)(8),

and (k) to read as follows:

§ 90.203 Certification required.

(a) Except as specified in paragraph

(b) of this section, each transmitter

utilized for operation under this part

and each transmitter marketed as set

forth in § 2.803 of this chapter must be

of a type which has been certificated for

use under this part.

(1) [Reserved]

(2) Any manufacturer of radio

transmitting equipment (including

signal boosters) to be used in these

services may request certification for

such equipment following the

procedures set forth in subpart J of part

2 of this chapter. Certification for an

individual transmitter or signal booster

also may be requested by an applicant

for a station authorization by following

the procedure set forth in part 2 of this

chapter. Such equipment if approved

will be individually enumerated on the

station authorization.

(b) Certification is not required for the

following:

* * * * *

(c) Radiolocation transmitters for use

in public safety and land transportation

applications marketed prior to January

1, 1974, must meet the applicable

technical standards in this part,

pursuant to § 2.803 of this chapter.

* * * * *

(e) Except as provided in paragraph

(g) of this section, transmitters designed

to operate above 25 MHz shall not be

certificated for use under this part if the

operator can program and transmit on

frequencies, other than those

programmed by the manufacturer,

service or maintenance personnel, using

the equipment’s external operation

controls.

(f) Except as provided in paragraph (g)

of this section, transmitters designed to

operate above 25 MHz that have been

approved prior to January 15, 1988, and

that permit the operator, by using

external controls, to program the

transmitter’s operating frequencies,

shall not be manufactured in, or

imported into the United States after

March 15, 1988. Marketing of these

transmitters shall not be permitted after

March 15, 1989.

* * * * *

(h) * * *

(2) The part 90 certification limits the

use of the equipment to operations only

under § 90.423.

(i) Equipment certificated after

February 16, 1988 and marketed for

public safety operation in the 821–824/

866–869 MHz bands must have the

capability to be programmed for

operation on the mutual aid channels as

designated in § 90.617(a) of the rules.

(j) * * *

(2) Applications for certification

received on or after February 14, 1997

will only be granted for equipment with

the following channel bandwidths:

* * * * *

(3) Applications for part 90

certification of transmitters designed to

operate on frequencies in the 150–174

MHz and/or 421–512 MHz bands,

received on or after February 14, 1997,

must include a certification that the

equipment meets a spectrum efficiency

standard of one voice channel per 12.5

kHz of channel bandwidth.

Additionally, if the equipment is

capable of transmitting data, has

transmitter output power greater than

500 mW, and has a channel bandwidth

of more than 6.25 kHz, the equipment

must be capable of supporting a

minimum data rate of 4800 bits per

second per 6.25 kHz of channel

bandwidth.

(4) Applications for certification

received on or after January 1, 2005,

except for hand-held transmitters with

an output power of two watts or less,

will only be granted for equipment with

the following channel bandwidths:

* * * * *

(5) Applications for part 90

certification of transmitters designed to

operate on frequencies in the 150–174

MHz and/or 421–512 MHz bands,

received on or after January 1, 2005,

must include a certification that the

equipment meets a spectrum efficiency

standard of one voice channel per 6.25

kHz of channel bandwidth.

Additionally, if the equipment is

capable of transmitting data, has

transmitter output power greater than

500 mW, and has a channel bandwidth

of more than 6.25 kHz, the equipment

must be capable of supporting a

minimum data rate of 4800 bits per

second per 6.25 kHz of channel

bandwidth.

(6) Modification and permissive

changes to certification grants.

(i) * * *

(A) Transmitters that have the

inherent capability for multi-mode or

narrowband operation allowed in

paragraphs (j)(2) and (j)(4) of this

section, may have their grant of

certification modified (reissued) upon

demonstrating that the original unit

complies with the technical

requirements for operation; and

(B) * * *

(ii) * * *

(7) Transmitters designed for one-way

paging operations will be certificated

with a 25 kHz channel bandwidth and

are exempt from the spectrum efficiency

requirements of paragraphs (j)(3) and

(j)(5) of this section.

(8) The Commission’s Equipment

Authorization Division may, on a case

by case basis, grant certification to

equipment with slower data rates than

specified in paragraphs (j)(3) and (j)(5)

of this section, provided that a technical

analysis is submitted with the

application which describes why the

slower data rate will provide more

spectral efficiency than the standard

data rate.

* * * * *

(k)(1) For transmitters operating on

frequencies in the 220–222 MHz band,

certification will only be granted for

equipment with channel bandwidths up

to 5 kHz, except that certification will

be granted for equipment operating on

220–222 MHz band Channels 1 through

160 (220.0025 through 220.7975/

221.0025 through 221.7975), 171

through 180 (220.8525 through

220.8975/221.8525 through 221.8975),

and 186 through 200 (220.9275 through

220.9975/221.9275 through 221.9975)

with channel bandwidths greater than 5

kHz if the equipment meets the

following spectrum efficiency standard:

Applications for part 90 certification of

transmitters designed to operate on

frequencies in the 220–222 MHz band

must include a statement that the

equipment meets a spectrum efficiency

standard of at least one voice channel

per 5 kHz of channel bandwidth (for

voice communications), and a data rate

of at least 4,800 bits per second per 5

kHz of channel bandwidth (for data

communications). Certification for

transmitters operating on 220–222 MHz

band Channels 1 through 160 (220.0025

through 220.7975/221.0025 through

221.7975), 171 through 180 (220.8525

through 220.8975/221.8525 through

221.8975), and 186 through 200

(220.9275 through 220.9975/221.9275

through 221.9975) with channel

bandwidths greater than 5 kHz will be

granted without the requirement that a

statement be included that the

equipment meets the spectrum

efficiency standard if the requests for

certification of such transmitters are

filed after December 31, 2001.

(2) Certification may be granted on a

case-by-case basis by the Commission’s

Equipment Authorization Division for

equipment operating on 220–222 MHz

band Channels 1 through 160 (220.0025

through 220.7975/221.0025 through

221.7975), 171 through 180 (220.8525

through 220.8975/221.8525 through

221.8975), and 186 through 200

(220.9275 through 220.9975/221.9275
36610 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

through 221.9975) with channel

bandwidths greater than 5 kHz and not

satisfying the spectrum efficiency

standard identified in paragraph (k)(1)

of this section, if requests for part 90

certification of such transmitters are

accompanied by a technical analysis

that satisfactorily demonstrates that the

transmitters will provide more spectral

efficiency than that which would be

provided by use of the spectrum

efficiency standard.

§ 90.211 [Amended]

157. Section 90.211, paragraph (b) is

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’.

§ 90.219 [Amended]

158. Section 90.219, paragraph (e) is

amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

§ 90.237 [Amended]

159. Section 90.237, paragraphs (c)

and (g) are amended by removing the

term ‘‘type-accepted’’ each place it

appears and adding in its place

‘‘certificated’’.

§ 90.241 [Amended]

160. Section 90.241, paragraph (c)(12)

is amended by removing the term ‘‘Type

accepted’’ and adding in its place

‘‘certificated’’.

§ 90.269 [Amended]

161. Section 90.269, paragraph (a)(2)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

PART 95—PERSONAL RADIO

SERVICES

162. The authority citation for part 95

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303.

§ 95.117 [Amended]

163. Section 95.117, paragraph (a)(4)

is amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

§ 95.129 [Amended]

164. Section 95.129, paragraphs (a),

(b)(1) and (b)(2) are amended by

removing the term ‘‘type-accepted’’ and

adding in its place ‘‘certificated’’.

§ 95.133 [Amended]

165. Section 95.133, paragraphs (a)

and (b) are amended by removing the

term ‘‘type-accepted’’ each place it

appear and adding in its place

‘‘certificated’’.

166. Section 95.209 is revised to read

as follows:

§ 95.209 (R/C Rule 9) What equipment may

I use at my R/C station?

(a) Your R/C station may transmit

only with:

(1) An FCC certificated R/C

transmitter (certificated means the FCC

has determined that certain radio

equipment is capable of meeting

recommended standards for operation);

or

(2) A non-certificated R/C transmitter

on Channels 26.995–27.255 MHz if it

complies with the technical standards

(see part 95, subpart E).

(3) Use of a transmitter outside of the

band 26.955–27.255 MHz which is not

certificated voids your authority to

operate the station. Use of a transmitter

in the band 26.995–27.255 MHz which

does not comply with the technical

standards voids your authority to

operate the station.

(b) You may examine a list of

certificated transmitters at any FCC field

office.

(c) Your R/C station may transmit

with a transmitter assembled from a kit.

(d) You must not make, or have made,

any internal modification to a

certificated transmitter. (See R/C Rule

22.) Any internal modification to a

certificated transmitter cancels the

certification, and use of such a

transmitter voids your authority to

operate the station.

§ 95.221 [Amended]

167. Section 95.221, paragraph (b) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 95.222 [Amended]

168. Section 95.222, paragraph (b)(2)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 95.225 [Amended]

169. Section 95.225, paragraph (a)(2)

is amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

§ 95.409 [Amended]

170. Section 95.409, paragraphs (a)

and (b) are amended by removing the

term ‘‘type-accepted’’ each place it

appears and adding in its place

‘‘certificated’’, and by removing the term

‘‘type acceptance’’ each place it appears

and adding in its place ‘‘certification’’.

§ 95.411 [Amended]

171. Section 95.411, paragraph (a)

introductory text is amended by

removing the term ‘‘type-accepted’’ and

adding in its place ‘‘certificated’’.

§ 95.425 [Amended]

172. Section 95.425, paragraph (b)(2)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 95.428 [Amended]

173. Section 95.428, paragraph (a)(2)

is amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

§ 95.601 [Amended]

174. Section 95.601 is amended by

removing the term ‘‘type acceptance or

type certification’’ and adding in its

place ‘‘certification’’.

§ 95.603 [Amended]

175. Section 95.603 the section

heading is revised, paragraphs (a), (b),

(c) and (e) are amended by removing the

term ‘‘type accepted’’ each place it

appears and adding in its place

‘‘certificated’’.

§ 95.603 Certification required.

176. Section 95.605 is revised to read

as follows:

§ 95.605 Certification procedures.

Any entity may request certification

for its transmitter when the transmitter

is used in the GMRS, R/C, CB, IVDS,

LPRS, or FRS following the procedures

in part 2 of this chapter.

§ 95.607 [Amended]

177. Section 95.607, introductory text

and paragraph (a) are revised by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘certificated’’, and

removing the term ‘‘type acceptance’’

each place it appears and adding in its

place ‘‘certification’’.

§ 95.635 [Amended]

178. Section 95.635, the table in

paragraph (b) is amended by removing

the term ‘‘type accepted’’ each place it

appears and adding in its place

‘‘authorized’’.

§ 95.645 [Amended]

179. The undesignated center heading

preceding § 95.645 is revised to read as

follows: ‘‘CERTIFICATION

REQUIREMENTS’’.

180. Section 95.645, paragraph (b) is

amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 95.653 [Amended]

181. Section 95.653, paragraph (a) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36611

§ 95.655 [Amended]

182. Section 95.655, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’, and

removing the term ‘‘type acceptance’’

and adding in its place ‘‘certification’’.

§ 95.665 [Amended]

183. The undesignated center heading

preceding § 95.665 is revised to read as

follows: ‘‘ADDITIONAL

CERTIFICATION REQUIREMENTS FOR

CB TRANSMITTERS.’’

§ 95.669 [Amended]

184. Section 95.669, paragraph (a)(1)

is amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

185. Section 95.851 is revised to read

as follows:

§ 95.851 Certification.

Each CTS and RTU transmitter must

be certificated for use in the IVDS in

accordance with subpart J of part 2 of

this chapter.

§ 95.857 [Amended]

186. Section 95.857, paragraph (c) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

PART 97—AMATEUR RADIO SERVICE

187. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

188. Section 97.315, the section

heading is revised to read as follows:

§ 97.315 Certification of external RF power

amplifiers.

Paragraphs (a), (b) and (c) are

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’, and

by removing the term ‘‘type accepted’’

each place it appears and adding in its

place ‘‘certificated’’. Paragraph (c) is

amended by removing the first sentence,

and by removing the term ‘‘on this list’’

and adding in its place ‘‘in the

Commission’s database’’.

189. Section 97.317, the section

heading is revised to read as follows:

§ 97.317 Standards for certification of

external RF power amplifiers.

Paragraphs (a), (b) and (c) are

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’.

PART 101—FIXED MICROWAVE

SERVICES

190. The authority citation for part

101 continues to read as follows:

Authority: 47 U.S.C. 154, 303.

§ 101.61 [Amended]

191. Section 101.61, paragraph

(c)(1)(i) is amended by removing the

term ‘‘type-accepted (or type-notified)’’

each place it appears and adding in its

place ‘‘certificated or verified.’’

§ 101.107 [Amended]

192. Section 101.107, footnote 4

following the table is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘authorized’’.

§ 101.133 [Amended]

193. Section 101.133, paragraph (a) is

amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

194. Section 101.139 is revised to read

as follows:

§ 101.139 Authorization of transmitters.

(a) Except for transmitters used at

developmental stations or for fixed

point-to-point operation pursuant to

subparts H and I of this part, each

transmitter must be a type which has

been certificated by the Commission for

use under the applicable rules of this

part. Transmitters used in the private

operational fixed and common carrier

fixed point-to-point microwave services

under subparts H and I of this part must

be of a type that has been verified for

compliance. Transmitters designed for

use in the 31.0 to 31.3 GHz band will

be authorized under the verification

procedure.

(b) Any manufacturer of a transmitter

to be produced for use under the rules

of this part may request certification or

obtain verification by following the

applicable procedures set forth in part 2

of this chapter.

(c) Certification for an individual

transmitter may also be requested by an

applicant for a station authorization,

pursuant to the procedures set forth in

part 2 of this chapter.

(d) A transmitter presently shown on

an instrument of authorization, which

operates on an assigned frequency in the

890–940 MHz band and has not been

certificated, may continue to be used by

the licensee without certification

provided such transmitter continues

otherwise to comply with the applicable

rules and regulations of the

Commission.

(e) Certification or verification is not

required for portable transmitters

operating with peak output power not

greater than 250 mW. If operation of

such equipment causes harmful

interference the FCC may, at its

discretion, require the licensee to take

such corrective action as is necessary to

eliminate the interference.

(f) After July 15, 1996, the

manufacturer (except for export) or

importation of equipment employing

digital modulation techniques in the

3700–4200, 5925–6425, 6525–6875,

10,550–10,680 and 10,700–11,700 MHz

bands must meet the minimum payload

capacity requirements of § 101.141.

§ 101.141 [Amended]

195. Section 101.141, paragraph (a)(2)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 101.151 [Amended]

196. Section 101.151, paragraph (e) is

amended by removing the term ‘‘Typeaccepted’’ and adding in its place

‘‘Certificated’’.

[FR Doc. 98–17670 Filed 7–6–98; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[Docket No. 980629161–8161–01; I.D.

061798A]

RIN 0648–AL39

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Rescission of prohibition.

SUMMARY: NMFS issues this notification

announcing the rescission of the

prohibition of the use of aircraft to assist

fishing vessel operators in the location

and capture of Atlantic bluefin tuna

(BFT). This rescission is in compliance

with a June 10, 1998, Order of the

United States District Court for

Massachusetts (Court), which

overturned the regulations banning the

use of spotter planes in other than the

Purse Seine and Harpoon categories.

DATES: Effective June 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Mark Murray-Brown, 978–281–9260.

SUPPLEMENTARY INFORMATION: NMFS, in

accordance with the authority of the

Atlantic Tunas Convention Act (16